Wrongful Death

Wrongful Death Lawyers in Atlanta, Georgia

Losing a loved one is a painful event for families, especially when the death could have been avoided. In addition to emotional trauma, these deaths frequently result in spouses, children and other dependents losing vital income, benefits and resources they can’t easily replace. Surviving family members deserve justice and fair compensation after the untimely passing of a parent, child, or sibling caused by another person or business’s negligent actions.



Wrongful death lawyers Cameron D. Hawkins, Mia Fulks and Ananya Roy are committed to holding the responsible parties responsible on behalf of grieving family.

Proving a Wrongful Death Case

Wrongful death cases and personal injury cases share many similarities. In both types of cases a person or business acted negligently, and someone was hurt as a result. One of the biggest challenges present in wrongful death cases is the lack of the injured person’s testimony. Your loved one can’t testify on their own behalf, which is why prompt and thorough investigation and evidence gathering is especially important in wrongful death negotiation and litigation.

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Maximizing Wrongful Death Damages So Families Can Recover

Young children that lose a parent or a spouse who loses a partner often faces devastating financial losses along with their emotional trauma. When the primary wage earner of a household is lost due to someone else’s negligence, families are often put in dire circumstances. It’s important for wrongful death attorneys to seek appropriate damages to ensure surviving family members can maintain their quality of life.


The types of compensation surviving family members are owed aren’t always straightforward and easy to quantify. Financial ramifications can go far beyond losing money to cover rent payments or put food on the table.

A parent may have been able to help a child pay for college or cover tuition. A family may have lost their employer-provided health insurance coverage or retirement savings account when their loved one passed away. The surviving spouse may have additional childcare expenses now that they’re a single parent. Surviving family members may also be eligible to seek special non-economic loss of consortium damages for loss of companionship or parental guidance.


Calculating lost wages can also be complicated in wrongful death cases. The deceased’s current wage should be considered but also their projected remaining years of work and promotions they would have likely received in the future.



The Law Office of Cameron Hawkins takes a holistic view of damages to identify all the ways a loved one’s death may have affected surviving family members. We’ll fight to ensure your current way of life and your family’s future isn’t negatively impacted by the untimely loss.

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Wrongful Death Frequently Asked Questions

  • Who can file a wrongful death claim in Georgia?

    In Georgia, the eligibility to file is determined based on a hierarchy of relationships to the deceased:


    1. Spouse: The spouse is entitled to at least one-third of the total recovery, regardless of the number of children.
    2. Children: If there is no surviving spouse, the deceased person’s children can file the claim. The recovery is divided equally among them.
    3. Parents: In cases where the deceased person leaves behind no spouse or children, their parents are eligible to file a wrongful death claim.
    4. Estate Representative: Any recovery goes to the estate and is distributed according to the deceased person’s will or the laws of intestacy if there is no will.

  • What types of scenarios can justify a wrongful death claim?

    Deaths caused by the negligent or intentional actions of another person or business could justify a wrongful death claim. The law treats wrongful deaths and personal injuries in a similar manner, meaning it’s necessary to show some kind of misconduct or unreasonable behavior on the part of the at-fault party and clearly demonstrate that those actions or inaction led to the death. 


    Any claim that can be brought for injuries can be brought as a wrongful death claim. If a driver runs a red light, and the driver or passengers in a vehicle they strike suffer fatal injuries, the family of the victims can likely pursue a wrongful death claim. If a patient dies because a doctor failed to provide the appropriate standard of care, the patient’s surviving family members may have a valid wrongful death claim. 


    These claims have all the same challenges as a personal injury case, with the primary difference being the level of damages. Because wrongful death claims may need to replace decades of lost earnings and significant non-economic damages, the value of these claims can be particularly high. This can result in insurance companies putting up a more aggressive fight to minimize their losses. 


  • What types of damages are available in wrongful death claims?

    • Economic Damages: These are calculated based on the “full value of the life” of the deceased, from the standpoint of the deceased. This includes lost wages and benefits, as well as the intangible benefits of life, such as the enjoyment of life experiences and relationships.
    • Non-Economic Damages: Georgia law recognizes the intangible value of a person’s life, including aspects like companionship, guidance and emotional support. The jury is tasked with determining this value, which can be a complex and nuanced process.
    • Medical and Funeral Expenses: Deaths caused by negligence often aren’t immediate. Significant medical expenses accrued due to attempted life-saving emergency care are common. Not only do families have to deal with the emotional loss, but they’re also required to pay for services that failed to save their loved one. A wrongful death claim should compensate the estate or family for those expenses, as well as any costs resulting from the death, like funeral expenses.
    • Punitive Damages: It’s important for surviving family members to recognize that not every wrongful death case necessarily justifies punitive damages. Specific circumstances, namely willful misconduct, malice or egregious conduct, are necessary to justify seeking punitive damages in a wrongful death case.  

  • My loved one may have been partially responsible for the fatal accident – can I still file a wrongful death claim?

    Yes, as long as your loved one is less than 50 percent at fault, you can still file a wrongful death claim. Georgia’s modified comparative negligence doctrine means that people injured or families who have lost loved ones due to the negligent or intentional actions of another party can still pursue damages as long as the victim isn’t primarily at fault. 


    However, the family or estate’s recovery will be reduced by their percentage of fault. For example, if damages total $100,000 and your loved one is deemed to be 30 percent at fault for the fatal accident, your family will only recover $70,000. 


    Proving fault and degrees of shared fault is a primary goal of both the plaintiff and the defense’s legal teams. Attorneys skilled at investigating, uncovering evidence and working with experts, like doctors or accident reconstruction experts, may be able to clearly demonstrate your loved one wasn’t at fault or that the defense’s arguments regarding shared fault aren’t supported by the evidence. 


    The Law Office of Cameron Hawkins in Atlanta, GA, has a wealth of experience in handling wrongful death claims, including those involving complex issues of comparative negligence. The firm is committed to providing compassionate and knowledgeable legal support to help you navigate this challenging time and seek the justice and compensation your family deserves.


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