Every year, more than 1,600 Georgia families face an unimaginable and sudden tragedy because of a traffic fatality. If someone you love has died because of another person's or a company's negligence, a Georgia wrongful death lawyer can protect your rights and help you pursue justice. Georgia law gives surviving family members specific legal rights in these terrible situations. The clock is ticking, though. A wrongful death lawsuit must be filed within a certain time frame, or you lose the right to pursue compensation. Our Georgia personal injury law firm will provide you with a free, no-obligation consultation to explain the process and your rights.
You don't have to figure this out alone. Call us today for a free legal consultation at (404) 526-9955.
What Our Clients Say
What Is a Wrongful Death Claim Under Georgia Law?
The wrongful death statute in Georgia allows surviving family members to file a civil claim when the accident was caused by someone else's recklessness, negligence, or an intentional act. A civil case is completely separate from any criminal charges that may have been filed against the other driver. Families are allowed to pursue civil compensation whether criminal charges are filed or not. The purpose of the wrongful death claim is to recover the "full value of the life" of the person who died. That includes both economic and non-economic damages.
Not sure if your situation qualifies? Call us at (404) 526-9955, and we'll walk you through it. No charge, no pressure.
Who Has the Legal Right to File a Wrongful Death Claim in Georgia?
Immediate family members have the right to file a wrongful death claim in Georgia, but there is a hierarchy that must be followed under the law. A surviving spouse has the first right to file a wrongful death lawsuit. If there is no surviving spouse, the right passes to the children of the deceased. If the children are minors, a guardian can qualify as a conservator to file the claim on their behalf. If there are no children, the parents of the deceased are next in line and have the right to file a claim. If there are multiple surviving family members, it can complicate the situation. This is why it's so important to get a wrongful death attorney involved early in the process.
If you're not sure whether you have the right to file, call us at (404) 526-9955. We'll give you a an honest answer during your complimentary consultation!
What to Look for Before You Hire a Georgia Wrongful Death Attorney
You should seek out an attorney who has specific experience handling wrongful death cases to file your claim. Wrongful death claims are different from personal injury cases. A general personal injury lawyer may lack the experience to handle your claim. You also want an attorney with a proven track record. At the Graham Firm, we've recovered over $100 million for our Georgia clients. Attorney Charles Graham is a former prosecutor who tried hundreds of cases before founding our firm. Attorney Graham, also known as 'Big Truck Chuck', is also a former trucking company owner, which gives him unique insight into accidents involving 18-wheelers and large commercial vehicles.
Families should also look for an attorney who is available and who keeps an open line of communication with clients. Does the attorney actually pick up the phone? Another important factor to look for is a contingency fee structure. This means that unless the attorney wins your wrongful death claim, you pay no fees. All of the above is true, and we have local offices in Griffin, Marietta, and Valdosta.
Call (404) 526-9955 to speak directly with our team. We're available 24/7, and there's no fee unless we win your case.
Types of Wrongful Death Cases That Georgia Families Can Pursue
Many different types of situations can lead to a Georgia wrongful death claim. Our firm is known as "The Big Truck Lawyers" because we've successfully handled many fatal truck and commercial vehicle crashes. These claims often involve multiple liable parties, such as the driver, the trucking company, and their attorneys. This is an area where Attorney Graham's unique background in the trucking industry provides a real advantage to clients.
We have also successfully pursued wrongful death claims in the following situations:
- Fatal car accidents caused by a negligent driver
- Motorcycle fatalities
- Vehicle-pedestrian fatalities
- Medical malpractice resulting in death
- Premises liability (a death caused by unsafe property conditions)
- Workplace accidents resulting in death
If you're not sure whether your situation fits one of these categories, give our Valdosta, Griffin, or Atlanta wrongful death attorney a call at (404) 526-9955. We handle more types of wrongful death cases than most people realize.
What Damages Can Your Family Recover After a Fatal Accident?
Families often underestimate how much they're entitled to recover in a wrongful death claim. Georgia law allows you to file a claim for the "full value of the life" of the loved one you lost. This includes the financial contributions they would have made for the rest of their life, and the intangible value of their life to the people who loved them.
Imagine if a 35-year-old spouse and parent died in a crash. The family has now lost almost 30 years of income from that person. Not to mention possible health insurance benefits and 401(K) contributions from the employer. The surviving spouse has lost companionship, and the children have lost the guidance of a parent for the rest of their lives.
Families can also include funeral and burial costs in a claim. Any medical expenses that were incurred before the loved one's death can also be added. Any pain and suffering that were experienced by the deceased before death is also a possibility. These are examples of the economic and non-economic damages that make up the "full value of the life."
To get a realistic picture of what your family's claim may be worth, contact us at (404) 526-9955 for a free case review. Our lawyers in Atlanta and the surrounding areas of Georgia will help you seek justice and get the full compensation you are entitled to.
What Happens When a Truck or Commercial Vehicle Causes a Fatal Crash?
Fatal truck accident cases are much more complex than a crash involving two passenger vehicles. Both state and federal rules apply. The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). Hours-of-service rules from the FMSCA apply, and there are driver qualification files, maintenance records, and other requirements that don't apply to regular car accidents. Multiple parties can be held liable in a truck accident, including the driver, the trucking company, the cargo loader, the vehicle manufacturer, or a combination.
It's important to call an attorney immediately after a fatal truck crash because evidence can disappear quickly. Dash cam footage, the truck's black box, and driver logs can all "disappear" before anyone sees them. Attorney Graham operated a logistics company using Class 8 truck tractors and trailers. He knows exactly where trucking companies cut corners, which can lead to fatal crashes. He also knows how to find the evidence that proves it. Our firm also works with accident reconstruction specialists, medical personnel, and investigators who help us to build strong cases for every client.
If a truck or commercial vehicle was involved in your loved one's death, reach out right away to request a free case review. Evidence in these cases can disappear in days.
Why Insurance Companies Move Fast After a Fatal Accident and Why You Should Too
Insurance companies will sometimes dispatch investigators and adjusters to the scene of an accident within hours. They're not there to help your family. They rush to the scene to minimize what they'll have to pay out. If you give a recorded statement to an adjuster before you speak with a wrongful death attorney, it can seriously damage your claim.
Georgia's statute of limitations for wrongful death claims is generally two years from the date of the death. If you don't file before that deadline, the courts will reject your claim. However, cases involving government vehicles can have a much shorter deadline (sometimes as short as six months).
If you wait too long to call an attorney, you also run the risk of losing critical evidence. Witness memories can fade, and surveillance footage gets deleted. Electronic data and dash cam footage get overwritten. You don't need to have everything figured out before you call. That's what the free consultation is for.
The insurance company isn't waiting, and neither should you. Contact us by clicking the 'start chat' button at the bottom of this page for a free review of your case.
Talk to an Experienced Wrongful Death Lawyer Before You Decide Anything
Our law firm has been helping Georgia families get through these tragic situations after losing a loved one for over 20 years. We offer everyone a free consultation on their potential claim, with no obligation and no strings attached. We also operate on a contingency fee basis, meaning you pay nothing unless we win your case. Our staff is available 24/7 to start the process. Our Atlanta wrongful death lawyer has seen situations just like yours and understands the hardship that families go through when someone is torn away from them.
If you have experienced the loss of a loved one, you need a personal representative who will fight for the justice you deserve. Our legal team will do just that. Contact us anytime, day or night. The consultation is free, and you won't owe anything unless we win your case.
3 Personal Injury Law Offices To Serve You In Marietta, Griffin, and Valdosta, Georgia
191 Roswell St. NE
Marietta, GA 30060
(404) 526-9955
Monday - Friday: 9am - 5pm
Available 24/7 for emergencies
134 S. Hill Street
Griffin, GA 30223
(678) 603-1119
Monday - Friday: 9am - 5pm
Available 24/7 for emergencies
Valdosta, GA
223 N Ashley St, Suite 212
Valdosta, GA 31601
(229) 444-6033
Monday - Friday: 9am - 5pm
Available 24/7 for emergencies