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Wrongful Death

Atlanta Wrongful Death Attorneys

Wrongful Death Claims in Georgia

child crying after the loss of her parent

​The unexpected loss of a loved one is a difficult and traumatic experience, and even more so when it occurs because of someone else’s negligence. There are legal options families can pursue in the aftermath of such a terrible incident, which can pave the way towards justice and compensation following a loss.

The Atlanta wrongful death lawyers at Goldstein Hayes & Lina, LLC have extensive experience handling these types of claims and are prepared to stand by you and guide you through the process of a wrongful death lawsuit. Our goal is to help you ensure that those who are responsible for the death of your loved one are held accountable.

We encourage you to reach out to us today to learn more during a free initial consultation; call (888) 425-6070 or contact us online to get started.

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What Is a Wrongful Death Claim?

Wrongful death laws vary from state to state. In Georgia, the individuals entitled to bring a wrongful death lawsuit are entitled to recover the “full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived” (O.C.G.A. §51-4-1).

Who Gets the Money In a Wrongful Death Lawsuit in Georgia?

In Georgia, only certain persons are entitled to bring a wrongful death lawsuit. This includes:

  • The surviving spouse
  • Children (if there is no surviving spouse)
  • Parent(s) (if there is no surviving spouse or children)

If the deceased is not survived by any of the above family members, the personal representative of the decedent’s estate may file the wrongful death claim. Any damages recovered would be held by the estate for the deceased person’s next of kin. Under Georgia’s wrongful death statute, any amounts recovered are equally divided among the surviving spouse and children, with the surviving spouse receiving no less than one-third of the recovery.

Damages in Wrongful Death Cases

In a typical personal injury claim, victims are often able to recover certain damages meant to compensate them for economic and non-economic losses they have suffered due to their injuries. Wrongful death claims are similar in that surviving family members or the personal representative of the estate may seek compensation for both economic and non-economic losses.

Damages that may be available in a wrongful death claim include:

  • Punitive damages
  • Lost wages and benefits
  • Funeral and burial expenses (brought by the estate)
  • Loss of care, companionship, and other intangible benefits
  • Medical expenses related to the decedent’s injury or illness (brought by the estate)
  • Any pain or conscious suffering the decedent endured prior to his or her death (brought by the estate)

No two cases are the same; the specific details of your situation will determine which damages (if any) you may be entitled to recover. We encourage you to reach out to our wrongful death lawyers in Atlanta to learn more during a free, no-obligation consultation.

How Long Do You Have to File a Wrongful Death Claim in Georgia?

In Georgia, the statute of limitations for a wrongful death action is typically two years. This means that if your loved one has died as a result of the negligent or intentional actions of another, you have just two years from the time of that death to file a lawsuit or you may lose your right to gain compensation. This may seem like a harsh rule. Its purpose, however, is to ensure that parties in a lawsuit have access to necessary evidence.

Depending on the circumstances of your case, there may be some exceptions to this rule. In some instances, you may have two years from the time that you discovered the cause of death (as opposed to two years from the time that your loved one died). For example, if your loved one’s death was categorized as an accident, but later evidence determined that the death was due to the negligence of another, you may have two years from that discovery to file your claim.

Types of Wrongful Death Cases We Handle

Wrongful death claims can arise from a wide variety of accidents and incidents. Any time an individual is killed or ultimately dies from their injuries caused by someone else’s negligence, eligible surviving family members may file a wrongful death claim.

At Goldstein Hayes & Lina, LLC, we represent clients throughout Georgia in wrongful death actions arising from the following:

Note that this list is not comprehensive; if your loved one died as a result of another person, manufacturer, or some other entity’s negligence, reach out to us right away to learn how our attorneys can help you and your family seek justice.

Choose Our Dedicated & Proven Team

At Goldstein Hayes & Lina, LLC, we understand the emotional toll families experience when considering a wrongful death lawsuit. Our lawyers provide personalized service and work diligently to obtain the best possible outcome for our clients. With a limited case load, we are able to ensure that each and every one of our clients receives the level of attention and quality legal representation they deserve. Wrongful death cases can be complex and difficult to understand; let our experienced wrongful death attorneys in Atlanta help you.

Please do not hesitate to call us at (888) 425-6070 and speak with us about your potential case. We are available 24/7.

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Case Results

More Than $400 Million Won for Georgia's Injured
  • $150 Million Truck Driver DUI: Wrongful Death
  • $30 Million Brain & Spinal Cord Injuries Requiring Extensive Treatment
  • $24,000,000 Commercial Motor Vehicle Collision Involving Brain and Spinal Cord Injuries
  • $20 Million Medical Negligence: Medical Malpractice
  • $17,250,00 Wrongful death tractor trailer collision
  • $9 Million Medical Negligence: Traumatic Brain Injury
  • Million Dollar Advocates Forum
  • Super Lawyers
  • Martindale-Hubbell®
  • Multi-Million Dollar Advocates Forum
  • The National Trial Lawyers: Top 100
  • Best Lawyers
  • 2021 America’s Top 100 Personal Injury Attorneys
  • Best Law Firms in Georgia, First-Tier Rankings


    • 75 Years of Combined Experience
      We apply our 75 years of combined legal experience to make sure each and every case is meticulously prepared for trial.
    • Over $600 Million in Recoveries
      We have successfully represented clients against some of the largest corporations, insurance companies, and hospitals.
    • Recognized for Our Expertise, with the Awards to Prove It
      Our attorneys are nationally recognized for providing exceptional service and obtaining outstanding results.
    • Personal Attention, Like You Are One of Our Own
      Our boutique setting ensures you receive small firm care – all with the advocacy, skill, and experience of a large firm.

    Client Testimonials

    Real Stories of Recovery
      "The most efficient, professional and ethical law firm in Georgia."
      If you are looking for the most efficient, professional and ethical law firm in Georgia you do not need to look any further than Goldstein Hayes & Lina, P.C. There are not enough kind and positive words that can use to express the gratitude and respect
      - Eileen G.
      "They have exceeded my expectations."
      Atty. Jonathan Hayes worked very hard for me and getting my case settle in a timely matter. I will recommend Goldstein Hayes & Lina P.C. to anyone looking for the best personal injury attorneys in Atlanta. They have exceeded my expectations.
      - Shunte
      "Extremely attentive, personable, and there for me."
      Goldstein Hayes & Lina made my unfortunate experience positive by representing me with little to no work on my end. It allowed me to heal from my injuries without worries. Mr. Hayes and paralegals were extremely attentive, personable, and there for me
      - Lauren J.
      "They have been so wonderful."

      Mr. Hayes, Jessica and Alli have helped me with two cases in the past 3 years, and they have been so wonderful! The generosity and kindness of everyone at this practice are just great. I will always refer them to anyone that needs legal representation f

      - Amanda S.
      "They have a client for life!!"
      I cannot tell you how much I appreciate the time and effort Jonathan Hayes and his staff have put into making my case successful!! Me and my family are forever grateful for all the help and support you have given us over the years. Jonathan Hayes fights fo
      - Cherry H.
      "Compassionate and professional service."
      Mr. Hayes, as well as his paralegal Jessica, offered us compassionate and professional service. Nothing can bring our son back, but having Mr. Hayes walk us through the litigation process made this nightmare just a little bit more bearable.
      - Dorcas W.
      "Highly recommended!"
      If you're looking for a firm that will fight for you, this is definitely the place to be. No fast-talking or bait and switch. They did everything they said they would do! They stood by me and concerned themselves with what concerned me.
      - Tina C.
      "The best attorney I have ever worked with."
      Both Jonathan and Jessica are extremely professional and really took care of me. Their communication was incredible through the whole process and I never had to worry about anything. From the start, they were really involved and interested in my wellbeing
      - Jessica P.
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