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How to Prove a Wrongful Death Claim

How to Prove a Wrongful Death Claim If you’ve lost a loved one due to someone else’s carelessness or wrongdoing, you may seek compensation under Georgia’s wrongful death laws. Knowing how to prove a wrongful death claim is crucial.

Nicholson Revell Personal Injury Attorneys has over 100 years of combined experience and has recovered $160 million for clients in Augusta, Georgia. We understand how to build a strong case against major insurance companies. Contact us today at (706) 722-8784 for a free consultation with an Augusta wrongful death lawyer.

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Why Choose Nicholson Revell Personal Injury to Help Your Family With a Wrongful Death Claim in Augusta, GA

The sudden loss of a loved one is devastating, leaving families with grief, uncertainty, and unexpected financial challenges. In such a painful time, having the right legal support can make all the difference. Your family deserves guidance from attorneys who understand both the legal and emotional complexities of a wrongful death case.

At Nicholson Revell Personal Injury Attorneys, we bring over a century of combined experience to every case we handle. Our team has secured more than $160 million on behalf of clients, and we’ve earned recognition from respected organizations such as Super Lawyers, National Trial Lawyers Top 100, and the American Institute of Personal Injury Attorneys.

We approach every wrongful death case with compassion, respect, and a relentless drive to achieve justice. Our goal is to protect your family’s future while honoring the memory of your loved one. Contact us today for a free consultation with a dedicated Augusta wrongful death attorney who will stand by your side.

What Makes a Death “Wrongful” Under Georgia Law?

A wrongful death happens when someone dies because of another person’s negligent, reckless, or intentional actions. These claims are filed in civil court and are separate from criminal cases. You can file a wrongful death lawsuit even without criminal charges, and you might recover damages even if the at-fault party is acquitted in criminal court.

Wrongful death cases can arise from various incidents, including:

Motor vehicle accidents (cars, trucks, motorcycles, or pedestrians)
Medical negligence (surgical errors, misdiagnoses, or medication mistakes)
Workplace incidents (equipment failures, falls, or unsafe practices)
Defective products (consumer goods, machinery, or vehicles)
Premises liability (unsafe property conditions or poor security)

If the deceased would have had a valid personal injury claim if they had survived, their family likely has a wrongful death claim under Georgia law.

Who Can File a Wrongful Death Lawsuit in Georgia?

Georgia law allows certain family members to file a wrongful death claim in a specific order:

First, the surviving spouse
If no spouse, the surviving children
If no spouse or children, the surviving parents
If no family members qualify, the personal representative of the estate may file

If a spouse files, they must also represent any minor children’s interests. If the deceased left no will, damages will be shared per Georgia’s intestate succession laws.

What Do You Have to Prove to Win a Wrongful Death Case?

You must show clear evidence and a solid legal strategy to win a wrongful death claim.

You need to prove:

Duty of care: The defendant had a legal duty to act carefully. For instance, drivers must drive safely.
Breach of duty: The defendant did not meet that duty. This could be speeding, medical negligence, or ignoring safety rules.
Causation: The breach directly caused the victim’s death.
Damages: The death led to measurable losses for the family or estate.

You often need accident reports, expert witness statements, photos, and financial documents. An attorney can help gather and protect this evidence.

What Compensation Can Be Recovered in Georgia Wrongful Death Cases?

In Georgia, two types of damages can be claimed in wrongful death cases:

Full value of the deceased’s life: This includes lost wages and benefits, plus intangible losses like companionship and enjoyment of life.
Estate damages: This covers medical expenses from the deceased’s last injury or illness, funeral costs, and pain and suffering before death.

These damages aim to compensate the family for both financial and emotional losses. Calculating the amount can be complex, depending on the victim’s age, health, career, and life expectancy.

How Comparative Fault Affects a Georgia Wrongful Death Claim

Georgia uses a modified comparative fault rule with a 50% bar. If your loved one was partly at fault for the accident, it may lower your recovery amount. If they were 50% or more responsible, you cannot recover any damages.

For example, if the deceased was found 30% responsible and damages totaled $1 million, the family could recover $700,000. Insurance companies often cite this rule to reduce payouts, so working with a lawyer who can counter unfair blame is essential.

Time Limits for Filing a Wrongful Death Lawsuit in Georgia

In Georgia, you typically have two years from the date of death to file a wrongful death lawsuit.

Some factors can delay this timeline:

The statute may be paused for up to five years if the estate hasn’t been probated.
If there’s an ongoing criminal case related to the death, the civil deadline may also be delayed.

Since wrongful death cases can take months to prepare, consult a lawyer as soon as possible.

How to Strengthen Your Wrongful Death Claim

Here are key steps to help build a strong case:

Gather documentation: Collect medical records, autopsy results, accident reports, and eyewitness statements.
Avoid speaking to insurers alone: They might misinterpret your words or pressure you to settle quickly for less.
Preserve evidence: If you have surveillance footage, photos, or texts from around the time of death, store them safely.
Consult experts: An attorney can involve financial analysts, accident reconstruction experts, or medical professionals to support your claim.

A skilled legal team will assist you throughout the process, from filing the claim to negotiating a settlement or taking your case to trial if needed.

Contact Our Augusta Wrongful Death Attorneys Today for a Free Consultation

Losing a loved one is painful. Understanding how to prove a wrongful death claim empowers you to hold the responsible party accountable. With over a century of combined legal experience and $160 million recovered, Nicholson Revell Personal Injury Attorneys is here to help you seek justice and protect your family’s future.