Our College Park Wrongful Death Attorneys Fight for Every Family's Right to Justice
Losing Someone You Love to Another Person's Negligence Demands More Than an Apology
There's no category of case we handle that carries more weight than a wrongful death claim. The person you lost is gone. No lawsuit can change that, and we don't pretend otherwise. What a wrongful death claim can do is hold the responsible party accountable, financially and publicly, for the harm their negligence caused. It can provide the economic stability a family needs when the person they've lost was also someone they depended on. And it can prevent the person or company responsible from facing no consequences at all for taking a life through reckless or careless conduct.
The Law Offices of Gary Martin Hays & Associates, P.C. has stood with grieving families throughout College Park and South Fulton County for decades. We understand that the legal process is the last thing you want to be thinking about right now, and we handle the complexity of these cases so your family can focus on what matters. If someone's negligence took a family member from you, we want to hear from you.
What Georgia's Wrongful Death Law Actually Says
Georgia's wrongful death statute, found at O.C.G.A. Section 51-4-2, allows certain surviving family members to file a claim when a person dies due to the negligent, reckless, or intentional act of another party. The same circumstances that give rise to a personal injury claim can support a wrongful death case if the injured person doesn't survive. Car accidents, truck crashes, workplace incidents, criminal violence, medical malpractice, and premises liability accidents all appear in wrongful death filings throughout Fulton County.
Georgia's wrongful death statute is distinct in that it allows recovery for the "full value of the life" of the deceased, which includes both the economic contributions they would have made over their lifetime and the non-economic value of their companionship, guidance, and presence in the lives of their surviving family members. Separately, the deceased person's estate can pursue a survival action for damages the deceased personally suffered before death, including conscious pain and suffering and medical expenses incurred after the incident.
- Who Can File A Wrongful Death Claim In Georgia: Georgia's wrongful death statute gives the right to file first to the surviving spouse, and if there is no spouse, to the surviving children. If there is no spouse or children, the parents of the deceased may file. In some circumstances, the administrator of the estate may pursue the claim on behalf of surviving family members.
- The Two-Year Statute Of Limitations: A wrongful death claim in Georgia must generally be filed within two years of the date of the deceased person's death, not the date of the accident, though exceptions exist for certain circumstances including claims involving government entities, which may have shorter filing deadlines.
- Survival Action Versus Wrongful Death Claim: A wrongful death claim is filed by surviving family members and seeks the full value of the deceased person's life; a survival action is filed by the estate and seeks damages the deceased personally experienced, including pre-death pain and suffering and medical costs, and the two can be pursued simultaneously.
- Criminal Prosecution Does Not Replace A Civil Claim: When the responsible party faces criminal charges, some families wonder if a civil wrongful death claim is still available. The answer is yes. A criminal prosecution and a civil wrongful death lawsuit are separate proceedings with different standards of proof, and a criminal acquittal does not prevent a family from succeeding in a civil claim.
Building a Wrongful Death Case in College Park
Wrongful death cases are complex for several reasons. First, the evidence that proves liability is the same evidence that has to be gathered before it disappears, including accident scene evidence, surveillance footage, digital evidence, witness accounts, medical records, employment records, and in commercial cases, corporate documents and communications. The faster an attorney is involved, the more complete that evidentiary record will be.
Second, accurately valuing a wrongful death claim requires specialized expertise. The full value of the life of a 35-year-old parent with a stable career and young children involves projections of decades of lost income, household contributions, and the unquantifiable but real value of the relationship between that person and the people who loved them.
Insurance companies have their own actuaries working to minimize that number from the moment a claim is filed. Our attorneys work with economists, vocational experts, and life care professionals to build the most accurate and complete damages picture possible.
- Immediate Evidence Preservation: In fatal accident cases, the pressure to secure physical evidence, preserve surveillance footage, and issue preservation letters to responsible parties is even more urgent than in personal injury cases, because there's no client who can describe what happened.
- Working With Accident Reconstruction Experts: In disputed wrongful death cases, accident reconstructionists can establish how the collision or incident occurred from physical evidence alone, providing the factual foundation that the liability case is built on.
- Comprehensive Economic Loss Analysis: Lost income projections, household services valuation, pension and benefits losses, and the economic impact on surviving dependents all require expert analysis to present accurately to an insurance company or jury.
- The Non-Economic Value Of The Relationship: Georgia's full-value-of-life standard allows families to pursue compensation for the loss of companionship, guidance, advice, and the relationship itself, losses that are real and significant even when they're harder to quantify.
What a Wrongful Death Claim Can Recover
The full value of a wrongful death claim in Georgia can include both economic and non-economic components. On the economic side, that means the income the deceased would have earned over their expected working lifetime, fringe benefits and retirement contributions, and the household services they provided. On the non-economic side, it includes the companionship, care, guidance, and society the deceased would have provided to their surviving spouse, children, and other family members.
In cases involving egregious conduct, such as a drunk driver who killed someone on Camp Creek Parkway or a trucking company that knowingly deployed a driver with a dangerous record, punitive damages may also be available. Punitive damages are designed to punish the defendant and deter similar behavior, and they can significantly increase the total recovery available to a family.
- Full Value Of Life Including Lost Future Income: Projecting what the deceased person would have earned over their expected working lifetime, adjusted for career trajectory, benefits, and probable raises, requires economic expertise and careful documentation.
- Loss Of Companionship, Care, And Society: The non-economic loss of having a parent, spouse, or child taken from a family is recognized under Georgia law as a real and compensable harm, not just an abstract concept.
- Pre-Death Pain And Suffering Through The Estate: When the deceased survived the accident for any period before dying, the estate may pursue damages for the conscious pain and suffering experienced during that time.
- Funeral And Burial Costs: Funeral and burial expenses can be recovered in a wrongful death action, providing some immediate financial relief to families dealing with sudden and unexpected costs on top of their grief.
FAQs About Wrongful Death Claims in College Park, Georgia
Find answers to common questions about wrongful death claims in College Park. Use the links below to navigate:
- Who can file a wrongful death claim in Georgia?
- How long do I have to file a wrongful death claim in Georgia?
- What is the difference between a wrongful death claim and a survival action?
- What if there was also a criminal case related to my family member's death?
- How is the "full value of life" calculated in a Georgia wrongful death case?
- Do I need an attorney to file a wrongful death claim in Georgia?
Who can file a wrongful death claim in Georgia?
Under Georgia's wrongful death statute, the right to file belongs first to the surviving spouse, who may bring the claim on behalf of themselves and any children. If there is no surviving spouse, the surviving children may file, with any recovery divided equally among them. If there is neither a spouse nor children, the parents of the deceased may file. In cases where none of these family members exist, the administrator of the deceased person's estate may file on behalf of the next of kin.
How long do I have to file a wrongful death claim in Georgia?
Georgia’s statute of limitations for wrongful death claims is generally two years from the date of death. This is distinct from the date of the accident. If the deceased person survived the accident for several days before dying, the clock starts from the death date, not the accident date. Claims against government entities in Georgia may have shorter deadlines and require ante litem notice before a lawsuit can be filed. Contact an attorney as soon as possible to ensure no deadline is missed.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is brought by surviving family members and seeks compensation for their losses, primarily the full value of the deceased person's life. A survival action is brought by the estate of the deceased and seeks damages the deceased personally would have been entitled to claim had they survived, including conscious pain and suffering experienced between the accident and death and medical expenses incurred during that time. Both can be filed simultaneously, and together they allow a family to recover the full range of losses caused by a wrongful death.
What if there was also a criminal case related to my family member’s death?
A criminal prosecution and a civil wrongful death lawsuit are entirely separate proceedings. A criminal case is brought by the state and aims to punish the defendant. A civil wrongful death claim is brought by the family and aims to compensate for losses and hold the defendant financially accountable. You can pursue a civil claim regardless of whether criminal charges have been filed, whether the defendant has been convicted, or whether the criminal case resulted in acquittal. The standards of proof differ. Criminal cases require proof beyond a reasonable doubt, while civil cases require a preponderance of the evidence, so outcomes can differ.
How is the "full value of life" calculated in a Georgia wrongful death case?
Georgia's full-value-of-life standard encompasses both economic and non-economic components. The economic portion includes the income and benefits the deceased would have earned over their expected working lifetime, household services they would have provided, and any other economic contributions to the family. The non-economic portion includes the value of the companionship, society, guidance, and care the deceased would have provided to their surviving family members over their expected lifetime. Calculating these figures accurately requires economic experts, vocational professionals, and sometimes actuarial analysis, and our attorneys work with those experts to build the strongest possible damages case.
Do I need an attorney to file a wrongful death claim in Georgia?
You’re not legally required to have an attorney, but wrongful death cases are among the most complex and high-stakes claims in personal injury law. Insurance companies defending these cases deploy experienced attorneys and adjusters from the moment a death is reported. The evidence gathering process is time-sensitive. The damages calculation requires professional expertise. And the legal procedures for filing with the court and managing the claim correctly are not simple. Families who handle wrongful death claims without legal representation almost always recover significantly less than those who work with experienced attorneys.
Contact Our College Park Wrongful Death Attorneys
If your family has lost someone due to another party's negligence in College Park or anywhere in South Fulton County, we're here to help you pursue justice. We also handle car accident cases and truck accident claims where fatal crashes are involved. Contact us today for a free and confidential consultation. We handle wrongful death cases on a contingency fee basis, so your family pays nothing unless we recover compensation for you.