Augusta Wrongful Death Attorneys



One of the most difficult experiences that one can live through is the tragic death of a family member. While it can be emotionally devastating to lose a spouse, parent or child, the emotional pain can be even more devastating when the loss of a loved one is caused by the negligent, reckless or intentional misconduct of a third party. If your loved one needlessly dies because of the misconduct of another, you may experience many emotions including grief, stress and anger. The experienced Augusta wrongful death attorneys at Montlick and Associates know that dealing with legal procedures and insurance hurdles can be overwhelming when coping with the grief and the financial challenges that accompany the loss of a family breadwinner. Our dedicated and compassionate Augusta wrongful death attorneys are committed to discouraging future unsafe conduct, punishing wrongdoers and compensating victims.

An Augusta wrongful death legal claim involves two separate and distinct claims: (1) wrongful death action and (2) survival action. The damages in a wrongful death action are not part of the decedent’s personal estate but instead damages paid to compensate the family members because a loved one has been taken from them. The damages recoverable are measured by the full value of the decedent’s life from his or her perspective. This includes both economic loss and other intangible forms of loss including lost future income based on typical life expectancy, loss of enjoyment of life experiences and pain and suffering between the time of the incident that caused injury and the time of death.

The surviving spouse has the first priority in bringing a wrongful death claim in Georgia but any recovery must be shared with children of the decedent. If the person who dies is unmarried, then the children of the decedent may pursue a wrongful death claim. Where the decedent has neither a surviving spouse nor children, the parents of the decedent may bring the wrongful death action. If a decedent has no surviving family members with any of these family relationships, then the executor of the estate may bring the wrongful death action on behalf of the next of kin.

The other legal claim that is typically brought in conjunction with a wrongful death claim is a survival action. The administrator of a decedent’s estate may also bring a claim for the damages suffered directly by the decedent. The action is called a survival claim because the purpose of the action is to have someone step into the shoes of the decedent. The damages recoverable in a survival action include medical expenses, funeral/burial costs and pain and suffering if the decedent did not die instantly. Punitive damages may also be recoverable by the estate of the decedent if the facts support such damages.

Because our Georgia wrongful death lawyers have been representing the families of those whose death has been caused by a third party since we were founded in 1984, we are qualified to handle a wide variety of wrongful death claims including:

  • Auto accident cases
  • Trucking accidents
  • Falls from elevations
  • Rollover accidents
  • Motorcycle accidents
  • Violent crimes
  • Pedestrian accidents
  • Medical malpractice
  • Negligent security
  • Construction accidents
  • Industrial accidents
  • Occupational illnesses (Mesothelioma)

Our Georgia wrongful death attorneys understand the grief and financial hardship faced by family members who die because of intentional criminal or negligent conduct by a third party. The Georgia wrongful death lawyers at Montlick and Associates recognize the challenge associated with coping with the loss of a loved one so we believe in providing legal services based on compassion, commitment and personalized attention. We know that the emotional challenges faced by families of wrongful death victims are compounded if phone calls are not returned and reasonable updates are not provided to clients so we give our best efforts to keeping our clients reasonably informed about the progress of their wrongful death claims.

Know your legal rights! If you or someone you love has suffered wrongful death, our experienced Augusta wrongful death attorneys at Montlick and Associates are committed to seeking the best possible outcome for our clients. We encourage you to schedule a free consultation because there is absolutely no obligation for us to evaluate your Augusta wrongful death claim. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.


Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.