Search Site
Menu
FREE Case Evaluation 877-884-8579
The Basics of Georgia Wrongful Death Claims

The state of Georgia defines wrongful death as the death of a person caused by the “negligent, reckless, intentional, or criminal” acts of another person or entity (such as a business). Negligence is typically defined as a failure to use reasonable care when there is a duty to do so, resulting in harm to another.

How is a Wrongful Death Case Different?

Often times a wrongful death lawsuit and a personal injury lawsuit can be confused. Like a wrongful death case, a personal injury situation must prove negligence – a perfect example is that of a car accident. The difference is that in a standard personal injury claim, the claim is pursued by the injured victim.  In a wrongful death claim, the matter must be presented by the family members of the deceased or a personal representative of that individual’s estate.

This can be a bit tricky because the spouse and children may need to be involved with the wrongful death claim. If the deceased person was married and had minor children the law states that the interests of both the spouse and the minor children must be represented. However if there is no spouse or minor children, the claim can be brought forward by:

  1. The surviving parent(s) of the deceased; or
  2. The personal representative of the deceased individual’s estate.

Once the damages are recovered, it is then held by the estate for the benefit of the deceased person’s next of kin (i.e. spouse, children, parents, etc.). In the state of Georgia there are two types of wrongful death lawsuits.

Competing Wrongful Death Claims

The first is what is considered to “establish the full value of the life of the deceased.” This means that the surviving family members include monetary damages—both financial and intangible value of that life. Examples can be lost wages, benefits, loss of care, companionship and other intangible benefits that were provided by the deceased individual.

The second type of claim is meant to “remedy” the financial losses. This claim is brought forward on behalf of the deceased person’s estate and is meant to recover the losses the estate suffered due to the death. Examples can be medical expenses, injury, funeral and burial expenses and pain and suffering.

At Kaine Law, we have dealt with a number of wrongful death cases. We take pride in representing our clients with the upmost honesty and integrity, especially as they suffer the loss of a loved one. A wrongful death claim can be hard to understand and process, therefore we suggest you contact our office with any questions or concerns you may have in the event that you have unexpectedly lost a loved one.

Our Attorneys
Videos & Media

  • Meet Kaine Law

    Experienced Atlanta auto accident lawyer Evan Kaine understands the physical, financial and emotional impact an injury can have on you and the people you love. That is why at Kaine Law, LLC, we have dedicated our legal practice to assisting victims of injuries caused by the negligence of others



  • Top 5 Reasons Why
    Kaine Law is Right for You



  • Atlanta Car Accident Lawyer - Kaine Law, LLC



  • June is National Safety Month

    Personal Injury Attorney Talks Staying Safe



  • Georgia Motorcycle Laws

    New Rider's Guide

Awards & Affiliations
  • Best Places To WOrk
Reviews & Ratings
  • yelp
    5.0/5.0

    I have been a client at Kaine Law for a few years now and I would never go anywhere else. They are truly amazing! I highly recommend

    Read more

    Liz M.

  • facebook
    5.0/5.0

    I hired Kaine law last year and was not disappointed. Very dedicated and informative. They always answer when you call and answered every question I had. Settled my case quickly. Than you Kaine law!!!!

    Read more

    Jamie Hudson

  • google
    5.0/5.0

    It should be noted that the 3 negative reviews below (two from Hazledean and one from McCabe) are Husband, Wife and Daughter and should be read as one review not three separate incidents.

    Read more

    David J

  • facebook
    5.0/5.0

    The best in GA. Easy to work with and always answer the phone and every question you have. They took care of my case and mad me extremely grateful I chose them by far better than any other firm I've worked with.

    Read more

    Bryan Harrelson

  • google
    5.0/5.0

    Fab service, lovely people

    Read more

    Stefan Sykes

See all reviews
Contact us

Quick Contact Form