Losing a loved one is an unimaginable tragedy, especially when that loss is the result of someone else’s negligence or intentional actions. In Georgia, the law provides a legal pathway for surviving family members to seek justice through a wrongful death lawsuit. At Isenberg & Hewitt, we understand how emotionally and legally complex this process can be, so we’ve created a step-by-step guide to help you navigate your rights and expectations.
What Is a Wrongful Death Lawsuit?
Under Georgia law, a wrongful death occurs when a person dies due to the negligent, reckless, intentional, or criminal actions of another party. These cases often arise from incidents involving premises liability, such as shootings, assaults, negligent security, or other dangerous conditions on someone else’s property.
A wrongful death lawsuit seeks compensation for the “full value of the life of the deceased,” which includes both economic losses (like lost wages and benefits) and intangible losses (such as companionship and care).
Step 1: Determine Eligibility to File
Georgia law restricts who may file a wrongful death claim to just four people. The order of priority is:
- Spouse of the deceased, who may also represent any minor children.
- Children of the deceased, if no spouse exists.
- Parents of the deceased, if there are no surviving spouse or children.
- Estate representative, if none of the above are available and the proceeds go to next of kin.
Other states allow for extended family members like aunts or grandparents to bring wrongful death claims, while Georgia is very strict on who can make that claim.
Step 2: Understand the Time Limit or Statute of Limitations
Georgia typically gives you two years from the date of death to file a wrongful death lawsuit. However, exceptions may apply, especially if there’s a criminal investigation that may extend the statute or if the claim involves a government entity, which would shorten the time limit.
It’s critical to act quickly and consult an attorney as soon as possible.
Step 3: Gather Key Evidence
Like all civil and criminal claims, a wrongful death case centers on the evidence. It is helpful to document as much as possible, including:
- Medical records
- Autopsy reports
- Police or accident reports
- Photographs or video evidence, including body cam footage
- Witness statements
- Employment documents
- Financial documents
- Expert testimony
- Emails, contracts, or other documents
The Isenberg & Hewitt team will help collect, preserve and interpret this evidence to support your case and determine the best to present this evidence.
Step 4: Establish Liability
Much like a premise liability case, the plaintiff must prove that the defendant’s actions directly caused the death to succeed in a wrongful death case. Establishing liability means proving:
- Duty of care: The defendant had a legal obligation to act with care. For example, the owner of an apartment building is obligated to maintain a safe and secure site for tenants and their visitors.
- Breach of duty: Violated through negligence or wrongdoing. That same building owner neglected to keep the security gate in proper working order, allowing open access to the property.
- Causation: The breach directly resulted in the death. A known criminal entered the premises thanks to that broken security gate and murdered a resident.
- Damages: The family suffered measurable losses (both financial and emotional). The victim’s family is both emotionally devastated and forced to spend their money on an unexpected funeral and counseling.
Step 5: File the Lawsuit
Once liability is established and the defendant is identified, the Isenberg & Hewitt team will prepare and file the wrongful death complaint in the appropriate court in Georgia. The defendant will be served and allowed to respond, thus initiating the formal litigation process. Many wrongful death cases settle out of court, but if a fair agreement isn’t reached between both parties, the case may go to trial.
Step 6: Receive Compensation
If the case is successful, either through a settlement or a court judgment, the following types of damages may be awarded:
- Economic damages: Lost income, medical bills, funeral expenses
- Non-economic damages: Pain and suffering, loss of companionship
- Punitive damages: In rare cases involving outrageous misconduct
Wrongful death cases are legally complex and emotionally draining. Having a trusted legal team means you don’t have to face the process alone. At Isenberg & Hewitt, we guide you with compassion, communicate clearly and fight to get the justice your family deserves.