What is Wrongful Death in Georgia?
Wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person.
Under Georgia law, a wrongful death occurs when a person’s life is lost due to another party’s failure to exercise reasonable care. Eligible parties, such as a spouse, child, or parent, may pursue compensation.
A wrongful death claim serves two primary purposes:
- To recover the full value of the life of the deceased.
- To hold negligent or reckless parties accountable.
Further Reading: Who Can Bring a Wrongful Death Lawsuit in Georgia?
A Dedicated Atlanta Attorney for Wrongful Death Claims
Losing a loved one is one of the most difficult experiences a family can face. While no legal action can undo that loss, a wrongful death claim can provide financial stability and hold the responsible parties accountable.
At Apolinsky & Associates, our Atlanta wrongful death attorneys bring decades of experience handling complex, high-stakes cases. We take a direct, personal approach, working closely with families to understand what happened, explain your legal options clearly, and pursue the full value of your loved one’s life so you can continue to support your family.
If your family member died due to negligence in Georgia, we are here to help you move forward.
Proving Negligence & Causation in a Georgia Wrongful Death Case
Most wrongful death cases are based on negligence, which is established by proving a defendant failed to use reasonable care when there was a duty to do so and that this failure resulted in harm to another person. To succeed, your legal team must establish:
- A duty of care existed.
- That duty was breached.
- The breach directly caused the fatal injury.
In complex cases, especially those involving structural failures or unsafe properties, multiple parties may share liability, including property owners, contractors, or maintenance companies.
A single incident resulting in the wrongful death of one person can be grounds for civil litigation against multiple negligent or vicariously liable defendants.
Fighting to ensure all responsible are held accountable starts with consulting an experienced wrongful death attorney as soon as possible.
Further Reading: Proving Negligence in Wrongful Death Cases
Compensation & Damages Recoverable in Georgia Wrongful Death Lawsuits
Court-ordered damages and compensation for wrongful death claims in Georgia take two forms: economic and compensatory.
Economic Damages: The first is economic damages to compensate the family for “the full value of the life of the decedent.” This includes:
- Lost wages that the deceased would have earned had they lived
- Benefits associated with earnings
- Services they could have provided to their family
Compensatory Damages: The second category is compensatory damages related to the person’s death, including:
- Related medical expenses from the person’s injury and death
- Expenses for the deceased’s funeral and burial
- Other punitive damages and related expenses from the deceased’s illness/injury or death
- Determining this value often requires expert analysis and a detailed investigation into the circumstances of the case.
Further Reading: Understanding Georgia’s Modified Comparative Fault Rules in Civil Lawsuits
Common Causes of Wrongful Death
Wrongful Death from Building & Structural Collapse
Structural collapse cases are among the most complex and catastrophic wrongful death claims.
When internal load-bearing elements fail, a building can collapse into itself, creating a dense debris field and causing severe or fatal injuries. These incidents are often preventable and may result from:
- Construction defects.
- Code violations.
- Poor maintenance.
- Fire-related structural weakening.
Multiple parties may be responsible, including developers, contractors, engineers, and property owners.
Our firm has the resources and litigation experience to investigate structural failures, identify responsible parties, and pursue accountability.
Apartment Fires & Fatal Injuries
Fatal apartment fires are frequently tied to premises liability and negligent safety practices. Property owners have a legal obligation to maintain safe living conditions. Failures may include:
- Lack of working smoke detectors.
- Inadequate fire suppression systems.
- Blocked or unsafe exits.
- Electrical hazards.
When these failures contribute to a fatality, families may have grounds for a wrongful death claim.
Elevator & Escalator Wrongful Death Cases
Elevator and escalator incidents can result in severe injuries and fatalities, particularly when equipment is improperly maintained or defective.
Liable parties may include:
- Property owners.
- Maintenance companies.
- Equipment manufacturers.
These cases often require technical investigation into mechanical failure and maintenance records.
Balcony & Window Fall Fatalities
Falls from balconies or windows are often linked to unsafe property conditions. Common causes include:
- Faulty railings.
- Improper construction.
- Lack of safety barriers.
- Code violations.
Property owners and contractors may be held liable when these hazards are known (or should have been addressed) and result in fatal injuries.
Roof & Ceiling Collapse Fatalities
Roof and ceiling collapses can occur due to structural weaknesses, water damage, or improper construction. These incidents are often sudden and catastrophic, leaving little opportunity for escape. Liability may extend to:
- Property owners.
- Contractors.
- Maintenance providers.
A thorough investigation is critical to determine how the failure occurred and who is responsible.
More Common Causes of Wrongful Death
Wrongful death claims can arise from many other types of incidents, including:
- Car accidents.
- Truck accidents.
- Premises liability incidents.
- Violent acts.
- Boating and recreational accidents.
Each case requires a detailed review of liability, causation, and damages.
