Did you lose a loved one because of a medical provider’s negligence in Atlanta, GA? If so, you may have the right to file a wrongful death claim for compensation. Georgia’s wrongful death laws provide a path for families to recover the “full value of the life” of the person they lost, but the process involves specific requirements that must be followed carefully.
Malone Law Medical Malpractice and Severe Injury Lawyers has more than 50 years of combined experience and has recovered hundreds of millions of dollars for our clients. Our Atlanta wrongful death attorneys know how devastating this kind of loss is and are prepared to fight for your family no matter what it takes.
Contact our law office today at (770) 390-7550 for a free consultation.
How Can Malone Law Medical Malpractice and Severe Injury Lawyers Help With My Family’s Wrongful Death Claim in Georgia?
Wrongful death claims in Atlanta, Georgia involve complex legal rules regarding everything from who can file to how damages are calculated. The healthcare provider, hospital, and their insurers may have experienced legal counsel working to challenge your family’s claim; you deserve the same level of representation on your side.
Our Atlanta wrongful death attorneys can help your family by:
- Investigating the circumstances that led to your loved one’s death
- Identifying every party whose negligence contributed to the loss
- Gathering medical records and other critical evidence
- Calculating the full value of your loved one’s life under Georgia law
- Negotiating aggressively with insurers on your behalf
- Filing a lawsuit and taking the case to trial if the other side refuses to offer a fair resolution
Reach out to Malone Law Medical Malpractice and Severe Injury Lawyers today to learn more about your legal rights and options. Our Atlanta medical malpractice lawyers can provide you with the compassionate, comprehensive legal services you’re looking for.
Who Has the Right to File a Wrongful Death Claim in Georgia?
Not just anyone can file a wrongful death claim in Georgia. State law determines who has the right to bring an action based on the deceased person’s surviving family members.
Generally, the following parties may have the right to pursue a claim:
- Surviving spouse: Under O.C.G.A. § 51-4-2, the surviving spouse may bring a claim. If the deceased also had children, the spouse must receive no less than one-third of any recovery.
- Children: If there is no surviving spouse, the children of the deceased may file the claim.
- Parents: If there is no spouse or children, the parents of the deceased are next in line.
- Estate representative: If none of the above family members are available, the administrator or executor of the estate may pursue the claim on behalf of the next of kin.
Extended family members generally do not have standing to file a wrongful death claim under Georgia law. Determining where your family falls in this hierarchy is one of the first things our wrongful death attorneys can help you sort out.
What Do I Need to Prove to Win a Georgia Wrongful Death Case?
To succeed in a wrongful death case involving medical malpractice in Georgia, your family must establish that a healthcare provider’s negligence caused your loved one’s death.
Medical malpractice may involve negligent conduct by a doctor, nurse, hospital, or other healthcare provider.
Examples may include:
- Failing to diagnose or properly treat a medical condition
- Making surgical or anesthesia errors
- Prescribing or administering the wrong medication
- Failing to properly monitor a patient
- Providing treatment that falls below the applicable standard of care
In practical terms, we will need to establish the applicable standard of care, show that the healthcare provider failed to meet that standard, and connect that failure to your loved one’s death. Compelling medical records, expert testimony, and other evidence can be critical to establishing liability and proving the losses resulting from the death.
What Damages Can My Family Recover Through a Wrongful Death Lawsuit?
Georgia uses a damages standard called the “full value of the life of the decedent,” which is broader than what many other states allow. This measure is evaluated from the perspective of the person who died, not the surviving family, and includes both economic and intangible losses.
- Economic value: The gross earnings your loved one would have generated over their expected lifetime, without deductions for personal expenses or taxes
- Intangible value: The enjoyment of daily life, relationships, companionship, and future milestones your loved one will never experience
In addition to the wrongful death claim, the estate can file a separate action under O.C.G.A. § 51-4-5 to recover expenses such as medical costs related to the final injury, funeral expenses, and pain and suffering the deceased endured before passing. These are handled independently from the full value of life recovery.
Contact Our Atlanta Wrongful Death Attorneys for a Free Consultation
Losing someone you love because of a medical provider’s negligence is one of the hardest things a family can go through. You should not have to navigate the legal process without trusted help on your side during this difficult time.
Malone Law Medical Malpractice and Severe Injury Lawyers has more than five decades of combined experience and has recovered hundreds of millions for our clients to date. Contact us today to schedule a free, no-obligation case review with one of our Atlanta wrongful death lawyers.
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