Wrongful Death FAQs

Law is confusing. That is why there are, literally, books on every type of topic you can think of. A lot of the same questions are asked. As you may have seen, our practice pages are written in a way to answer questions most readers would have. Similarly, we write these FAQs to answer the most commonly asked questions as simply and quickly as possible.


What is a wrongful death claim?

It is a claim asserted by a surviving person (usually a family member or executor) after someone dies due to the acts or omissions of someone else.

Who can sue for a fatal accident?

This can be really confusing but, in general, the order of priority is as follows: (a) spouse; (b) children; (c) parents; (d) executor/administrator of the estate (usually the closest family member).

What are the common damages claimed in a wrongful death suit?

Like a personal injury case, you claim a medical expenses, other related expenses like a funeral, and pain and suffering. A different piece though is the “full value of the life of” the person who died, which means their economic contributions and personal experiences. We have experts that help us calculate this.

How much is my wrongful death claim worth?

A claim can be worth anywhere from $0 to multiple millions. There’s no way to tell absent a full case evaluation by an Atlanta Wrongful Death Attorney.

What is the statute of limitations for wrongful death?

In general, it is 2 years from the date of the accident. It can be longer or shorter depending on the circumstances.

How much does a wrongful death attorney charge?

For a plaintiff, it is a percentage of what is recovered, so there is no fee if you do not win. For a defendant, it is an hourly rate.

How soon after a fatal accident should I hire an attorney?

At the earliest opportunity. It is not what you want to do, but there are steps that need to happen quickly to ensure important evidence is not lost.

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