What Does a Wrongful Death Lawyer Do?

After the loss of a loved one, families often face grief, confusion, and financial uncertainty. A wrongful death lawyer plays a vital role in protecting their rights and guiding them through each step of the legal process of a wrongful death claim.

Case Evaluation and Legal Guidance

From the outset, a wrongful death attorney helps the family understand their legal rights and explains the legal options available to them. The attorney evaluates whether the facts of a claim meet the legal definition of wrongful death, including negligence, causation, and legally recognized damages.​

A wrongful death attorney also clarifies who is allowed to bring a claim under state law. Under Georgia law (O.C.G.A. § 51-4-2), that right belongs first to the surviving spouse. If there is no surviving spouse, it passes to the children. If there are no spouse or children, the parents may file. If no family members, the personal representative of the estate may bring the claim on behalf of the next of kin. The lawyer also outlines the likely timelines, and discusses potential outcomes so families know what to expect from the process.

In certain cases, a related estate claim (also called a “survival action”) may also be filed through the deceased person’s estate. This type of claim seeks damages for medical bills, funeral costs, and pain and suffering the person experienced before death. A wrongful death attorney can evaluate all potential claims to help determine the best course of action to achieve all available compensation under Georgia law.

Investigating and Proving Liability

A wrongful death attorney must prove that the defendant owed a duty of care, breached that duty through negligent or wrongful actions, and that this breach directly caused a death. This often involves collecting accident reports, medical and autopsy records, witness statements, and photographs, as well as consulting experts when needed, such as medical professionals or accident reconstruction specialists. ​

Part of this process is identifying all potential sources of compensation, including insurance coverage (such as medical malpractice or homeowner insurance policies), corporate responsibility, or other liable parties to help maximize the family’s recovery under the law.

Measuring Financial and Emotional Impact

An essential part of a wrongful death claim is determining the full value of the life of the deceased, as defined by Georgia law. This includes economic factors, such as the income, services, and benefits the person would have provided, and non-economic factors, such as the love, companionship, guidance, and experiences that gave their life meaning. By working with financial and other experts, a wrongful death attorney helps the family demonstrate the value of their loved one’s life under the law.

Managing Procedures and Negotiations

Wrongful death cases often involve complex procedures and strict filing deadlines. Attorneys draft and file the necessary legal documents, ensure statute of limitations compliance, and handle all procedural steps, from filing necessary documents and gathering evidence to guiding the family through negotiations and if needed, court proceedings.

Attorneys communicate and negotiate with insurance companies and defense counsel, countering insurance tactics aimed at minimizing payouts, and work to obtain a fair settlement that reflects the family’s true losses. Throughout negotiations or litigation, the attorney works to ensure that insurance companies handle the claim fairly and do not minimize the value of their loss.

In the Courtroom

If the parties involved cannot agree on a settlement, a wrongful death attorney can pursue litigation and, potentially, a trial, presenting evidence, examining witnesses, and arguing for a verdict that provides just compensation and holds the responsible parties accountable. Expert testimony from doctors, engineers, or financial specialists may be used to demonstrate both the cause of death and the full scope of the family’s loss.

Providing Guidance and Support

A wrongful death claim can take time. During this lengthy legal journey, a wrongful death attorney provides compassionate support, guiding families through each step of the process and shielding them from many day‑to‑day legal and insurance burdens. By handling complex and time-consuming tasks, the attorney enables the family to focus on healing rather than navigating legal and insurance challenges on their own.

While no lawsuit can undo a family’s loss, a wrongful death attorney can help families seek accountability, protect their financial future, and find a measure of justice during an incredibly difficult chapter of their lives.