Augusta Wrongful Death Lawyer

Losing a loved one because of another person’s careless or reckless actions leaves a deep impact on a family. Grief mixes with unanswered questions about how to handle the financial strain and the legal steps that follow. An Augusta wrongful death lawyer can guide families through the process of holding the responsible party accountable and pursuing a claim under Georgia law.

At Hawk Firm, we know that no amount of money can replace the person you lost. Still, taking legal action allows families to seek compensation for the financial losses and the value of the life that was taken. We encourage you to reach out for a free consultation so you can discuss your situation with our team.

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Augusta Wrongful Death Lawyer Guide

• Key Takeaways About Georgia Wrongful Death Claims
• What Is Wrongful Death Under Georgia Law?
• Who Can File a Wrongful Death Lawsuit in Georgia?
• What Damages Are Available in Georgia Wrongful Death Cases?
• How Long Do You Have to File a Wrongful Death Claim in Georgia?
• What Evidence Is Needed to Prove a Wrongful Death Case?
• How Are Wrongful Death Settlements Distributed in Georgia?
• How Our Attorneys Can Help
• Frequently Asked Questions About Wrongful Death Claims in GA
• Contact Our Wrongful Death Attorneys in Augusta Now

Key Takeaways About Georgia Wrongful Death Claims

• Georgia’s wrongful death statute allows specific family members to recover both economic and non-economic damages
• Claims must be filed within two years of the death under Georgia law
• Surviving spouses and children have priority in wrongful death cases, with parents having rights if no spouse or children exist
• Compensation can include the full value of the deceased’s life, including future earnings and the intangible value of their life
• Medical malpractice wrongful death cases have additional requirements and shorter notice periods

What Is Wrongful Death Under Georgia Law?

Georgia law recognizes wrongful death when a person loses their life due to the negligence, recklessness, or intentional act of another party. Families can bring a civil claim for compensation that addresses both financial and non-financial aspects of their loss.

When lawyers talk about wrongful death claims, several terms may come up:

• Negligence: Failing to act with reasonable care, such as a driver texting while driving.
• Damages: Losses a family can seek payment for, like lost wages, funeral costs, or the intangible value of the person’s life.
• Statute of limitations: The deadline by which a claim must be filed, usually two years in Georgia.
• Survival action: A separate claim for expenses and pain the deceased suffered before passing.

Elements Required to Prove Wrongful Death

To succeed in a wrongful death case in Georgia, four key elements must be shown:

1. Duty of care: The defendant had a legal duty, like a driver’s duty to operate safely.
2. Breach of duty: The defendant failed to meet that duty.
3. Causation: The breach directly caused the death.
4. Damages: The family suffered measurable harm because of the loss.

Difference Between Wrongful Death and Survival Actions

Georgia allows two kinds of claims after a wrongful death:

• Wrongful death claim: Seeks the full value of the deceased person’s life from the perspective of the individual.
• Survival action: Seeks compensation for expenses like medical bills and funeral costs, handled by the estate.

Common Causes of Wrongful Death in Augusta

Wrongful death cases arise from many types of incidents in Augusta, such as:

• Fatal car accidents on Gordon Highway
• Medical errors at Augusta University Medical Center
• Nursing home neglect in residential facilities
• Workplace accidents at industrial plants along the Savannah River
• Pedestrian accidents near Broad Street

Who Can File a Wrongful Death Lawsuit in Georgia?

Georgia law doesn’t allow just anyone to bring a wrongful death lawsuit. The right to file rests with certain family members, and the law sets a strict order of priority.

This structure ensures that the closest relatives of the deceased are the ones who decide how to move forward with a case. Knowing who has this legal standing helps families avoid disputes and ensures claims are filed correctly.

Priority Order of Family Members

The Georgia wrongful death statute places family members in a specific order when it comes to filing:

• Spouse first: The surviving husband or wife has the first right to bring the claim.
• Children next: If no spouse is alive, the deceased person’s children may file.
• Parents next in line: If the person had no spouse or children, either parent may bring the lawsuit.
• Estate representative: If none of the above family members exist, the executor or personal representative of the estate can file, and any recovery is distributed to heirs.

This order avoids conflicts and helps courts identify the proper party to lead the claim.

Rights of Surviving Spouses

A surviving spouse holds the strongest legal right to file. When children also survive, the spouse shares the recovery with them, but the spouse is guaranteed at least one-third of the total. For example, if a mother with two children passes away in a fatal truck accident near the I-520 loop, her surviving husband would file the claim. If damages are awarded, he would receive one-third, and the children would share the rest equally.

Children’s Rights in Wrongful Death Cases

Children gain the right to file only if there is no surviving spouse. This includes both minor and adult children, as well as legally adopted children. Courts treat all children equally when distributing damages. For instance, if an adult child loses a parent in a workplace accident at a factory in Augusta’s industrial corridor, that child has the same right to bring the claim as a younger sibling.

When Parents Can File Claims

If the deceased left no spouse or children, the parents may step in. Georgia law does not distinguish between the rights of a mother and father, and both are given equal standing. Disputes sometimes arise between separated or divorced parents, in which case the court may have to resolve who will lead the claim.

Role of the Estate Representative

When no spouse, children, or parents survive, the estate’s personal representative may file a claim. This type of case is known as a survival action, and the compensation goes to the deceased person’s heirs according to Georgia’s inheritance laws. For example, if an Augusta resident passes away in a pedestrian accident on Walton Way with no immediate family members, the estate may still file to cover the value of the life lost and distribute damages to more distant relatives.

What Damages Are Available in Georgia Wrongful Death Cases?

Families often ask what compensation is recoverable in these cases. Georgia law provides a framework that includes both financial and intangible losses.

Full Value of Life Damages

This includes both tangible and intangible aspects:

• Lost wages and benefits the deceased would have earned
• Loss of time with loved ones, companionship, and life experiences

Economic Damages Explained

Economic damages reflect measurable financial losses, such as:

• Final medical expenses
• Funeral and burial costs
• Loss of household income and benefits

Non-Economic Damages and Pain and Suffering

Families may seek damages for intangible losses. This includes the emotional value of the person’s companionship and guidance. Additionally, survival actions can seek damages for the pain and suffering endured before death.

Punitive Damages in Wrongful Death Cases

In limited cases, punitive damages may apply. These punish the defendant for egregious misconduct, such as drunk driving.

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

Time limits play a critical role in wrongful death claims. Missing a deadline can end a family’s right to pursue damages.

Georgia’s Two-Year Statute of Limitations

Most wrongful death claims must be filed within two years of the person’s death.

Discovery Rule Exceptions

In some cases, the deadline may be extended if the cause of death was not immediately clear. For example, toxic exposure cases may fall under this rule.

Special Time Limits for Medical Malpractice Cases

Medical malpractice wrongful death cases have shorter notice requirements. Families may need to provide advance notice before filing.

Claims Against Government Entities

When the at-fault party is a government agency, such as the City of Augusta or the State of Georgia, families face much shorter deadlines. Instead of two years, notice of the claim may need to be filed within six months for city or county claims, or within 12 months for claims against the state.

Consequences of Missing the Deadline

If the statute expires, courts will likely dismiss the case. That means families lose their chance to hold the at-fault party accountable through a civil action.

What Evidence Is Needed to Prove a Wrongful Death Case?

Evidence forms the foundation of a successful wrongful death claim. Each piece supports the family’s position that negligence caused the death.

Medical Records and Autopsy Reports

These provide proof of cause of death and any contributing medical issues.

Accident Scene Investigation

Photos, video, and police reports from the scene help establish what happened and who was at fault.

Expert Witness Testimony

Specialists in medicine, accident reconstruction, or economics may provide insight that supports the family’s claim.

Financial Documentation Requirements

Pay stubs, tax returns, and employment records demonstrate the economic value of the person’s life.

How Are Wrongful Death Settlements Distributed in Georgia?

After a case resolves, Georgia law controls how settlements or verdicts are shared among family members.

Court Oversight of Distributions

Courts review settlement agreements to make sure they follow the law and serve the family’s best interest.

Protection of Minor Children’s Interests

When minor children share in the settlement, courts often require structured accounts or trusts to safeguard their share until adulthood.

Tax Implications of Wrongful Death Settlements

Most wrongful death recoveries in Georgia aren’t taxable as income. However, interest or punitive damages might carry tax obligations.

How Our Attorneys Can Help

At Hawk Firm, we dedicate our work to families coping with loss. Our approach combines compassion with strong legal advocacy.

Thorough Investigation of Your Case

We review every detail, from police reports to witness statements, to build a clear understanding of what happened.

Gathering Critical Evidence

We secure records, interview witnesses, and request documentation that supports your claim.

Working with Expert Witnesses

We collaborate with specialists who can explain medical conditions, accident causes, or financial projections.

Negotiating with Insurance Companies

We push back against insurers that try to undervalue your claim, working toward a settlement that reflects your losses.

Litigation and Trial Representation

If the at-fault party or their insurer refuses to accept responsibility, we prepare to take the case to trial. 

Protecting Your Family’s Financial Future

We consider both immediate expenses and long-term financial impact when building your case.

Commitment to Your Family

We believe every family deserves respect, compassion, and advocacy during this difficult time. Our team provides clear communication and dependable support throughout the process.

We deliver clear and practical guidance so families can feel prepared during difficult times. You can trust us to base every decision on what will best serve your needs. Through care, dedication, and persistence, we stand as a source of strength for families suffering from the consequences of someone else’s negligence.

Frequently Asked Questions About Wrongful Death Claims in GA

Can I file a wrongful death claim if the person died from COVID-19?

A wrongful death claim based on COVID-19 would require proof that another party’s negligence directly caused the illness and death. These cases are complex and depend on the facts.

What happens if the deceased person was partially at fault for the accident?

Georgia follows modified comparative negligence. If the deceased was less than 50 percent at fault, the family may still recover damages, reduced by the percentage of fault.

How much does it cost to hire a wrongful death attorney in Georgia?

Our wrongful death attorneys in Georgia work on a contingency fee basis. Families pay no upfront fees at Hawk Law, and our personal injury lawyers only receive attorney fees if we recover damages for you.

Can I file a wrongful death claim if there’s already a criminal case?

Yes. A civil wrongful death claim is separate from any criminal prosecution. Even if the criminal case ends with no conviction, the civil claim may still succeed.

What if the person who caused the death has no insurance or assets?

Other options may still exist, such as employer liability, uninsured motorist coverage, or claims against other responsible parties.

Contact Our Wrongful Death Attorneys in Augusta Now

Wrongful death cases require timely action. Evidence may fade and legal deadlines can prevent families from pursuing a claim if they wait too long. Hawk Firm offers free, no-obligation consultations to discuss your options.

If you’ve lost a loved one in Augusta due to someone else’s negligence or wrongful act, let us help you pursue justice. Call (706) 429-5529 today to schedule your consultation with Hawk Firm.

Contact us today at (706) 724-8537 to start.

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