Augusta Premier Personal
Injury Attorneys

Augusta Wrongful Death Lawyer

Losing a loved one because of someone else’s negligence can leave your family facing emotional trauma, unexpected expenses, and difficult legal questions. A wrongful death claim in Georgia may allow eligible surviving family members to seek compensation for the full value of their loved one’s life.

At Nicholson Revell Personal Injury Attorneys, we help families in Augusta and throughout the Central Savannah River Area understand their legal options after a fatal accident. Our team brings more than 100 years of combined experience to personal injury cases and has secured over $160 million for clients. We handle the legal process with compassion and care so your family can focus on what matters most.

If you believe someone else’s actions caused your loved one’s death, our Augusta wrongful death lawyers can review your situation, explain your rights, and help you determine the next steps. Contact us for a free case consultation.

How Can a Wrongful Death Lawyer in Augusta Help Your Family?

A wrongful death lawyer investigates the circumstances surrounding a fatal accident, identifies potentially responsible parties, gathers evidence, calculates damages, and pursues compensation on behalf of eligible family members or the estate, as permitted by Georgia law.

At Nicholson Revell Personal Injury Attorneys, we understand that pursuing legal action is difficult while grieving. We work to take the burden of the legal process off your shoulders while protecting your family’s interests.

When you work with our team, we can:

  • Investigate the accident and determine who may be legally responsible.
  • Gather police reports, medical records, witness statements, and other evidence.
  • Consult qualified experts to help establish liability and evaluate losses.
  • Identify available insurance coverage and potential sources of compensation.
  • Handle communications and settlement negotiations with insurance companies.
  • Explain settlement offers so you can make informed decisions.
  • Prepare your case for trial when a fair resolution cannot be reached.

Every case is different. We take the time to understand how your loss has affected your family and develop a legal strategy based on the circumstances of your case.

What Is a Wrongful Death Claim in Georgia?

A wrongful death claim is a civil action brought when a person dies because of another party’s negligent, reckless, intentional, or otherwise legally wrongful conduct. Georgia law allows eligible parties to seek compensation for the full value of the deceased person’s life.

For example, a fatal car accident caused by a distracted driver, a deadly workplace incident involving negligence, or a fatal injury caused by a dangerous property condition may give rise to a wrongful death claim.

The fact that someone died in an accident does not automatically establish liability. The available evidence must support a legally valid claim against the responsible party.

Our attorneys can review the circumstances of your loved one’s death and explain whether a wrongful death action or another related legal claim may be appropriate.

What Is My Augusta Wrongful Death Case Worth?

The value of a Georgia wrongful death claim depends on the circumstances of the death and the full value of the life lost. There is no standard settlement amount because every person, family, and set of circumstances is different.

Georgia law generally evaluates the full value of the deceased person’s life from two perspectives:

  • Economic value: The financial value of the person’s life, including earning capacity and other economic contributions.
  • Intangible value: The value of the person’s life beyond earnings, including the experiences, relationships, and activities that made up their life.

Evidence used to evaluate these losses may include employment records, income history, age, life expectancy, family circumstances, and expert analysis.

Separate claims may also be available to the estate for certain losses associated with the death, such as qualifying medical expenses, funeral expenses, and conscious pain and suffering before death. The availability and calculation of these damages depend on the facts and applicable law.

Our attorneys can evaluate the available evidence, identify the damages that may apply, and explain how those losses could affect your claim.

Who Can File a Wrongful Death Lawsuit in Georgia?

Georgia law establishes who has the legal right to bring a wrongful death claim. Generally, the surviving spouse has the first right to file. If the deceased person had children, the spouse represents their interests in the claim, and the spouse’s share of any recovery cannot be less than one-third of the total recovery.

If there is no surviving spouse, the deceased person’s children generally have the right to bring the claim. If there is no surviving spouse or child, the deceased person’s parents may have the right to file.

When none of these eligible family members can bring the claim, the administrator or executor of the deceased person’s estate may be authorized to do so. Any recovery is handled according to the applicable Georgia law.

These rules can become complicated when family relationships, estate administration, or competing interests are involved. An Augusta wrongful death attorney can help determine who has standing to file and what steps are necessary to protect the family’s rights.

What Types of Accidents Can Lead to Wrongful Death Claims?

A wrongful death claim may arise when a fatal injury results from another person’s or entity’s legally actionable conduct. Nicholson Revell Personal Injury Attorneys represents families in cases involving many types of fatal accidents, including:

  • Fatal car accidents: Collisions caused by distracted driving, speeding, impaired driving, or other negligent behavior.
  • Truck and tractor-trailer accidents: Fatal crashes involving commercial vehicles and potentially responsible drivers, trucking companies, or other parties.
  • Premises liability accidents: Deaths caused by dangerous property conditions when a property owner or another responsible party may be liable.
  • Slip and fall accidents: Fatal falls involving hazardous conditions that could and should have been addressed.
  • Medical malpractice: Deaths allegedly caused by a healthcare professional’s failure to meet the applicable standard of care.
  • Defective product incidents: Fatal injuries involving dangerous or defective products.
  • Construction accidents: Fatal incidents involving unsafe conditions, equipment, or other potentially negligent conduct.
  • Nursing home abuse or neglect: Deaths potentially linked to inadequate care, neglect, or abuse.

Our firm serves families in Augusta, Evans, Grovetown, and throughout the Central Savannah River Area. If your loved one died in another type of preventable accident, we can review the circumstances and discuss whether a claim may be available.

What Compensation Can Be Recovered in a Georgia Wrongful Death Case?

Compensation depends on the type of claim, the evidence, and the losses recognized under Georgia law. A wrongful death claim generally seeks the full value of the deceased person’s life, while a separate estate claim may address certain expenses and losses associated with the death.

Depending on the circumstances, recoverable damages may include:

  • The economic value of the deceased person’s life, including lost earning capacity.
  • The intangible value of the life lost.
  • Qualifying medical expenses related to the fatal injury.
  • Funeral and burial expenses when recoverable through an applicable claim.
  • Conscious pain and suffering experienced before death, when supported by the evidence and pursued through an appropriate estate claim.
  • Punitive damages in cases where the legal requirements for such an award are met.

Not every category of damages applies to every case, and certain losses must be pursued through the appropriate legal claim. Insurance coverage, comparative fault, and other legal issues may also affect the amount ultimately recovered.

Our attorneys can help your family understand which damages may be available and how to document the financial and personal impact of your loss.

How Do You Prove Negligence in a Wrongful Death Case?

To establish a negligence-based wrongful death claim in Georgia, the evidence generally must show that the responsible party owed the deceased person a duty of care, breached that duty, caused the death through the breach, and that the death resulted in legally recognized damages.

For example, if a driver causes a fatal collision by running a red light, evidence of the traffic violation, the collision, and the resulting death may help establish liability. Each case, however, requires an examination of its specific facts.

Evidence in a wrongful death investigation may include:

  • Police or incident reports.
  • Photographs and video footage.
  • Surveillance or traffic camera recordings.
  • Eyewitness statements.
  • Medical records and autopsy findings.
  • Vehicle data or other physical evidence.
  • Expert analysis and testimony.
  • Employment and financial records relevant to damages.

Because the person who died cannot provide their account of what happened, preserving independent evidence is particularly important. Our team can investigate the incident, identify potential sources of proof, and work to establish the facts needed to support your family’s claim.

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

Georgia’s statute of limitations generally gives eligible parties two years from the date of death to file a wrongful death lawsuit. However, certain circumstances may affect how the deadline is calculated, including some estate-related matters and other legally recognized exceptions.

Missing the applicable filing deadline can prevent your family from pursuing compensation in court. Other legal deadlines may also apply depending on the parties involved and the circumstances of the death.

Because these rules can be complex, it is important to speak with a wrongful death attorney as soon as reasonably possible. Prompt legal guidance can help protect evidence, clarify the applicable deadline, and preserve your family’s options.

Why Should You Hire a Wrongful Death Attorney in Augusta?

A wrongful death case can involve complicated questions about liability, insurance coverage, damages, and who has the legal authority to file. An experienced attorney can help your family navigate these issues while you focus on grieving and supporting one another.

At Nicholson Revell Personal Injury Attorneys, we can investigate the fatal incident, identify potentially liable parties, collect evidence, evaluate damages, communicate with insurers, negotiate a settlement, and prepare for trial when necessary.

Legal representation can also help you assess settlement offers against the evidence and potential value of your claim. Insurance companies may dispute responsibility or attempt to limit the amount they pay, making an independent evaluation of your family’s legal options important.

Our team combines extensive personal injury experience with a commitment to treating families with compassion and respect. We will explain the process, answer your questions, and help you make informed decisions about how to move forward.

Speak With an Augusta Wrongful Death Lawyer Today

If you lost a loved one because of another party’s negligence or wrongful conduct, you may have legal options under Georgia law. You do not have to navigate the process alone.

Nicholson Revell Personal Injury Attorneys helps families in Augusta, Evans, Grovetown, and across the Central Savannah River Area understand their rights and pursue appropriate compensation after a fatal accident.

Contact our team to schedule a free case consultation. We will listen to your concerns, review the circumstances of your loss, and explain the potential next steps.

Frequently Asked Questions About Wrongful Death Claims in Georgia

Can I file a wrongful death claim if my loved one was partially at fault?

Possibly. Georgia follows a modified comparative negligence rule in many personal injury and wrongful death cases. A person’s recovery may be reduced based on their share of fault, and recovery is generally barred if the person bringing the claim is found to be 50% or more responsible under the applicable rule. How fault is assessed in a wrongful death case depends on the facts and the parties involved.

Does a wrongful death lawsuit require criminal charges?

No. A wrongful death lawsuit is a civil case, and criminal charges are not required. A family may be able to pursue a civil claim even if no criminal case is filed. Civil liability and criminal guilt are determined under different legal standards.

Can I file a wrongful death claim against a company?

Yes, in some circumstances. A company may be legally responsible when its negligence or other actionable conduct contributes to a fatal injury. Depending on the case, potentially responsible parties could include an employer, trucking company, property owner, healthcare provider, or product manufacturer.

What if the person responsible for the death has no insurance?

A claim may still be possible, depending on the circumstances. Potential sources of recovery could include other responsible parties, applicable insurance policies, or other available assets. An attorney can investigate the facts and help identify potential avenues for compensation.

How much does it cost to hire Nicholson Revell for a wrongful death case?

Contact Nicholson Revell Personal Injury Attorneys for a free case consultation to discuss your situation and the firm’s representation options. Ask our team about the fee arrangement that would apply to your case before proceeding.

Call Now Button