Losing someone you love because of another’s negligence is devastating. The emotional pain can feel overwhelming, and the practical issues that follow only add to the burden. During this difficult time, you may be searching for a Fairburn wrongful death lawyer who understands your loss and will stand by your side.
At Wade Law, our wrongful death attorneys are committed to helping families find justice, closure, and financial security after an unexpected tragedy. With compassion, legal skill, and decades of combined experience, we fight for justice and accountability.
Contact our Fairburn personal injury law firm today for a free consultation.
How Does Georgia Law Define Wrongful Death?
Georgia’s wrongful death law allows surviving family members to seek compensation when a person’s death is caused by another’s careless, reckless, or intentional actions. These cases can involve car accidents, slip and fall accidents, medical malpractice, or even criminal acts. If the deceased could have filed a personal injury claim had they survived, their family may file a wrongful death lawsuit.
Wrongful death cases may involve:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Medical malpractice
- Elder abuse
- Defective products
At Wade Law, we understand that behind every wrongful death case is a family struggling to make sense of the loss. Our team treats every case with empathy and respect, ensuring you fully understand your rights and legal options. We handle the legal burdens while providing the compassionate counsel you need during this painful time.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia law establishes a strict order of who may file a wrongful death lawsuit.
- The surviving spouse has the first right to file a wrongful death lawsuit.
- The children may file the claim if there is no surviving spouse.
- In the absence of a spouse or children, the parents of the deceased can file a wrongful death claim.
- If none of these relatives are living, the estate representative—such as an executor or administrator—can bring the claim.
Compensation is distributed according to the decedent’s will or Georgia inheritance laws.
At Wade Law, we carefully determine who has legal standing to file your case and ensure that all eligible family members’ interests are protected. We provide clarity and guidance so your family can move forward together, knowing the case is in experienced hands.
Damages in a Fairburn Wrongful Death Case
In Georgia, families may recover compensation for both the emotional and financial impacts of losing a loved one. Wrongful death damages may include final medical expenses, loss of future income, funeral and burial costs, pain and suffering experienced by the decedent before their passing, and loss of consortium—the companionship and guidance the loved one provided.
At Wade Law, our wrongful death attorneys work diligently to calculate the full value of your claim. We collaborate with financial experts, medical professionals, and life-care planners to ensure no loss is overlooked. Our mission is to secure the compensation your family deserves while honoring your loved one’s memory through justice.
Can You Demand Punitive Damages in a Wrongful Death Claim?
While punitive damages cannot be recovered under Georgia’s wrongful death statute, they may be available through the estate claim portion of a case. These damages are reserved for deplorable actions, such as willful misconduct, fraud, malice, or reckless disregard for safety. Examples include drunk driving or a company intentionally concealing that a product is dangerous.
If the deceased could have demanded punitive damages in a personal injury case had they survived, the estate can seek punitive damages.
The Wade Law legal team meticulously evaluates every aspect of your case to determine whether punitive damages apply. We believe in holding wrongdoers fully accountable for their actions—not just to compensate your family, but to help prevent similar tragedies in the future.
How Can a Wrongful Death Lawyer Help Families?
When your family is coping with the loss of a loved one, navigating Georgia’s complex legal system can feel overwhelming. That’s where a Fairburn wrongful death lawyer from Wade Law can make all the difference.
Gathering Evidence for Your Wrongful Death Claim
A skilled wrongful death attorney begins by conducting a thorough investigation into the circumstances surrounding your loved one’s death. This may include reviewing police reports, medical records, accident reconstruction data, and witness statements to establish fault and liability. At Wade Law, we know that strong evidence is the foundation of every successful case.
Negotiating Wrongful Death Settlements With Insurers
Insurance companies often try to minimize payouts, even in tragic wrongful death cases. Having experienced wrongful death lawyers on your side ensures that you are not pressured into accepting a settlement that falls short of what your family deserves. The attorneys at Wade Law understand the tactics insurers use and are skilled negotiators who fight for fair compensation.
Taking Your Wrongful Death Case to Trial
While many cases are resolved through negotiation, some require taking the matter to court to achieve justice. If this happens, your Fairburn wrongful death lawyer will be fully prepared to represent you at trial. At Wade Law, we approach litigation strategically and compassionately, ensuring your family’s story is told with dignity and strength. Our attorneys present the evidence persuasively, cross-examine witnesses effectively, and fight relentlessly for a verdict that holds the responsible party accountable.
Proving Negligence in Wrongful Death Cases
To succeed in a wrongful death claim, your wrongful death lawyer must show that another party’s carelessness, recklessness, or intentional act directly caused your loved one’s passing. At Wade Law, we take the time to investigate every detail of your case, gathering records, witness statements, and expert testimony.
There are four key elements your attorney must prove in a wrongful death lawsuit:
- Duty of Care: The defendant had a legal obligation to act safely and avoid causing harm—for example, a driver must follow traffic laws, or a doctor must provide competent medical care.
- Breach of Duty: That duty was violated through negligence, recklessness, or intentional wrongdoing, such as speeding, medical errors, or unsafe workplace practices.
- Causation: The defendant’s intentional or careless behavior caused the fatal injury.
- Damages: The loss resulted in harm, including emotional pain, financial hardship, and the loss of companionship and support.
Working With a Wrongful Death Attorney at Wade Law
Selecting the right wrongful death attorney is a crucial step in your journey toward justice. Our lawyers at Wade Law Office bring more than 70 years of combined trial experience to every case. We have handled a wide variety of wrongful death lawsuits in Georgia and understand the challenges you are facing.
Taking the first step can feel overwhelming, but you do not have to go through it alone. Our team at Wade Law Office is here to support you from your initial call through the final resolution.
What to Expect During Your Free Wrongful Death Consultation
Your free consultation is confidential and straightforward. We listen to your story, answer your questions, and explain your legal rights. You’ll learn about the wrongful death claim process and what you can expect from working with Wade Law.
No Win, No Fee Promise for Wrongful Death Victims
We believe that financial concerns should never stand in the way of justice. That’s why Wade Law handles wrongful death cases on a contingency fee basis—you pay nothing unless we successfully recover compensation for your family.
Is There a Time Limit for a Wrongful Death Lawsuit in Georgia?
In most cases, Georgia law requires that wrongful death claims be filed within two years of the date of death. However, exceptions may apply if a related criminal case or estate proceeding is pending, which can extend the filing period. Missing this deadline could permanently prevent your family from pursuing compensation.
At Wade Law, we act swiftly to preserve your rights and gather critical evidence before it’s lost. From the first consultation, our legal team ensures every filing meets Georgia’s strict procedural requirements, protecting your claim from unnecessary delays or dismissals.
What’s the Difference Between an Estate Claim and a Wrongful Death Claim?
It’s important to understand the distinction between a wrongful death claim and an estate claim in Georgia. A wrongful death claim—filed by family members—seeks compensation for the “full value of the life” of the deceased, including both economic and intangible losses. In contrast, an estate claim is pursued by the estate’s representative to recover damages such as medical bills, funeral expenses, pain and suffering before death, and potential punitive damages.
At Wade Law, we often handle both claims simultaneously.
Schedule Your Free Wrongful Death Consultation Today
Wade Law has wrongful death lawyers who can assist you in filing a claim after the loss of someone you cherish. Although no sum of money will ever be able to replace the loss of life, you can seek compensation to help your family members move on.
To discuss your options for a wrongful death claim in Fairburn, contact us at 770-282-1188 today for a free consultation.
