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What is a Wrongful Death Lawsuit in Georgia?


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What is a Wrongful Death Lawsuit in Georgia? 

Over 200,000 people die from unintentional injuries annually. Many of these are wrongful death cases caused by someone’s negligence or carelessness. The most common situations people associate with wrongful death are accidents and medical malpractice. 

If you’re the loved one of someone who passed away and believe you have a wrongful death case, Broughton Law wants to help. Call our office at 404-842-7700 to request a free consultation. 

However, some of you are probably wondering, “what is a wrongful death lawsuit?” We’ve outlined the specifics for you below so you can better understand wrongful death cases and situations. Keep reading to learn more! 

What Does Wrongful Death Mean? 

Wrongful death is a legal term. It is used to describe a death caused by someone’s negligence or a deliberate act. Some examples of wrongful death cases include the following: 

  • A drunk driver killing another driver, passenger, or pedestrian
  • Someone dying from receiving the wrong medication by a medical professional
  • Someone dying from a botched procedure or surgery 
  • A workplace death due to negligent practices or processes 
  • A defective product causes fatal injury to the buyer
  • A malfunctioning plane crashed and killed those inside 
  • A distracted driver hit a motorcycle, cyclist, or pedestrian 
  • Death due to nursing home neglect or abuse 

What Is a Wrongful Death Lawsuit? 

When someone’s negligence or deliberate actions cause the death of someone, that person’s relatives may be able to file a wrongful death lawsuit. This is when the family members sue the responsible person and get compensation for the wrongful death of their loved one. 

Who Can File a Wrongful Death Claim? 

Depending on the victim’s marital status, there are a few options for who can file a wrongful death claim. The most common people are the spouse, children, parents, or estate. Read more about each below: 

Spouse and Children 

If the victim is married at the time of the wrongful death, their spouse is able to file a claim. If the spouse will not file the claim, or are to blame for the death, then the victim’s children can do so. If the victim is unmarried at the time of the wrongful death, their children can file a claim. 


If the victim did not have a spouse or children, then their parents can file the wrongful death claim. No matter the marital status of the parents, both have equal rights to the claim and either can file it. 


The victim’s estate can file an independent wrongful death claim to recover compensation for pain, suffering, funeral costs, and medical expenses. Estate claims are an additional means of recovery outside of loved one’s claims. 

What Is an Estate Claim? 

An estate claim is an independent claim to recover compensation for the victim’s last moments, final costs, and related medical bills. For example, let’s say someone was about to be hit head-on by a semi-truck. Those final moments were likely full of terror and panic as they realized they were about to die. The pain and suffering from those moments can be filed in the estate claim. 

How Long Do You Have to File a Wrongful Death Claim in Georgia? 

In Georgia, the typical statute of limitations for a wrongful death claim is two years. However, that time can be lengthened to up to six years or shortened depending on the situation. An example of a lengthened statute is when the person died from a crime. An example of a shortened statute is when the government is the reason behind the wrongful death. 

How Long Does a Wrongful Death Lawsuit Take in Georgia? 

There are many factors involved in the length of a wrongful death lawsuit. These factors involve the family members, the defendant being sued, and insurance limitations. A skilled wrongful death lawyer can help you determine the process and possible limitations. 

Broughton Law wants to help you with your wrongful death case. Contact us today to request a free consultation

Wrongful Death FAQs

Many of our clients and prospects have common questions about wrongful death cases in Georgia. Read those questions and the related answers below: 

Who Gets the Money in a Wrongful Death Lawsuit? 

Each case is unique, so we can’t answer this question without more information. For example, if a victim is married with children, the compensation would be divided between the family members. 

To learn more about how compensation is distributed, we recommend you speak to a wrongful death attorney about your situation. Contact our office at 404-842-7700 to request a free consultation. 

How Much Is a Wrongful Death Claim Worth in Georgia? 

Each wrongful death claim has unique specifications, making this an impossible question to answer. An attorney would need to know the details of the situation before they could estimate the amount of a claim.

The team at Broughton Law understands how stressful this type of situation is. We offer free initial consultations to help families understand how wrongful death claims work and their legal rights. We encourage you to schedule your consultation today to gain more legal insight. 

What Is the Difference Between an Estate and a Wrongful Death Claim? 

A wrongful death claim is a lawsuit brought by the family of the deceased. It is to recoup compensation and/or punitive damages for the loss of their loved one’s life. A wrongful death claim can include tangible and intangible values. 

Tangible value includes salary lost or other contributions to a household. Intangible value is the loss of that person in someone’s life, for example the loss felt by their loved ones. 

An estate claim is a lawsuit brought by the deceased’s estate to seek compensation for the medical expenses related to the death and other costs, such as funeral expenses. An estate claim can also include damages for the pain and suffering someone faced in their final moments. 

The claims are separate and both can be filed. 

What If the Family Members Can’t Agree on a Wrongful Death Claim? 

It is best if the family all agrees on the lawsuit and works together to file it. However, sometimes that is impossible. In these situations, the courts will determine which suit goes through or may combine several into one. 

If you are struggling with getting family members on board for a wrongful death claim, we suggest you speak to an attorney about your situation before proceeding. Attorneys help their clients to understand their legal options and possible ramifications. Broughton Law would like to help you with your case, please call 404-842-7700 to request a free initial consultation today. 

How Much Does a Wrongful Death Lawyer Cost? 

In the state of Georgia, personal injury attorneys are not paid unless they win the case. There are no upfront costs to hire a wrongful death lawyer. When the verdict is finalized, the attorneys take a portion of the compensation awarded as their payment. 

At Broughton Law, we work hard to seek the justice and compensation you deserve for the wrongful death of your family member. We offer compassionate services to our clients, but fight aggressively for them in the courtroom. We want to help you with your wrongful death claim, click here to schedule a free consultation. 

Why Broughton Law for Wrongful Death Claims in Georgia? 

Hiring Broughton Law for a wrongful death claim reaps many benefits for clients. Not only is our team well-versed in wrongful death cases, but we have more than 35 years of combined experience. Our dedication to outstanding client service sets us apart from other law firms. Read more about the advantages of working with us below: 

Top-Rated Law Firm 

Broughton Law has numerous five-star reviews on Avvo and Google. We also earned recognition as a Top 100 Super Lawyer. Our team is proud of our contributions to the legal field and strive to provide excellent experiences for each client. 

Vast Legal Experience

The team at Broughton Law has 35+ years of experience, have helped hundreds of clients, and recovered millions in damages. We have a team of highly experienced attorneys able to negotiate and argue with insurance companies to get the compensation and justice our clients deserve.  

Client-Focused Approach 

At Broughton Law, we put our clients first. We aim to provide outstanding, seamless legal experiences for each case. We prioritize our clients’ needs and fight for the justice they deserve. We have won high-value verdicts for our clients, ranging from $500,000 to $5.2 million. 

Schedule a Free Consultation With a Georgia Wrongful Death Attorney

Now that we’ve answered “what is a wrongful death lawsuit” and explained the importance of hiring a wrongful death lawyer, we encourage you to reach out. At Broughton Law, we are well-versed in wrongful death cases. By providing our client-focused approach, we have helped hundreds of clients win successful verdicts. 

We want to help you during this difficult time. Our office offers free consultations to discuss the wrongful death claim and available legal options. Contact us today to schedule your free appointment. 

Disclaimer: Please note that all information on this website is for educational purposes only, and is only as up-to-date as the article's published date. This information should not be considered legal advice for your specific situation, as each legal matter has varying circumstances. Legal advice can only be given during a consultation.

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