JLA Law Group

Wrongful Death Attorneys in Georgia: Justice for Your Family

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The loss of a loved one due to another's negligence is devastating. While nothing can replace your family member, Georgia law gives you the right to seek justice and compensation for your loss. At J. Lee & Associates, we handle wrongful death cases with the sensitivity and aggressiveness they deserve. We fight to hold those responsible accountable.

Under O.C.G.A. § 51-4-1 et seq., a wrongful death lawsuit in Georgia may be filed by the surviving spouse, children, or parents of the deceased (in that order of priority). Compensation may include the full value of the life of the deceased, including future lost income, services, companionship, and loss of the relationship. In addition, the family may seek damages for funeral and medical expenses through a survival action.

Wrongful deaths in Gwinnett County and Atlanta frequently result from motor vehicle accidents, medical malpractice, workplace accidents, and defective products. These cases require exhaustive investigation, forensic experts, and a legal strategy designed to maximize compensation for the surviving family. Our team has the experience to handle these complex cases.

Steps You Should Take

1

Preserve All Evidence

Do not discard the deceased's belongings, medical records, or correspondence. If the death occurred in an accident, preserve photos, police reports, and witness contact information.

2

Do Not Accept Quick Insurance Settlement Offers

Insurers frequently offer quick settlements after a death to avoid a full lawsuit. These offers are almost always a fraction of the case's true value.

3

Consult an Attorney Before Making Decisions

Legal decisions made in the first weeks after the death significantly affect the case. Consult with an attorney before signing any documents.

4

Call JLA for a Confidential Evaluation

We understand this is a difficult time. We offer a free and confidential consultation to explain your legal options. Call (770) 609-9396.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Georgia?
In Georgia, the order of priority is: 1) the surviving spouse, 2) if there is no spouse, the children, 3) if there is no spouse or children, the parents of the deceased. The spouse files on behalf of themselves and any minor children (O.C.G.A. § 51-4-2).
How long do I have to file a wrongful death lawsuit?
The statute of limitations for wrongful death in Georgia is 2 years from the date of death (O.C.G.A. § 9-3-33). If the death resulted from a crime, extensions may apply, but you should not wait. Critical evidence is lost over time.
What compensation is available in a wrongful death case?
Georgia allows recovery of: the full value of the life of the deceased (future earnings, services, companionship, counsel), funeral and burial expenses, medical expenses incurred prior to death, and in certain cases, punitive damages to punish particularly negligent conduct.
Can I file a case if the death occurred in a workplace accident?
Yes. Although workers' compensation is generally the exclusive remedy against the employer, you can sue responsible third parties (contractors, equipment manufacturers, drivers). These third-party cases are not limited by the workers' comp system.
What is a survival action?
It is a lawsuit separate from the wrongful death action that seeks compensation for the pain and suffering the deceased experienced between the injury and death, plus medical and hospital expenses incurred. It is filed by the representative of the deceased's estate.

Applicable Laws

O.C.G.A. § 51-4-1Right of action for wrongful death in Georgia.
O.C.G.A. § 51-4-2Who may file the lawsuit: spouse, children, or parents.
O.C.G.A. § 51-4-5Measure of damages: full value of the life of the deceased.
O.C.G.A. § 9-3-332-year statute of limitations from the date of death.

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Norcross, GA 30093

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