Krause Law Firm Blog

Under Georgia law, the measure of damages in a wrongful death case is "the full value of the life of the decedent, as shown by the evidence." This standard, set out in O.C.G.A. § 51-4-1, asks a jury to evaluate the loss from the decedent's own perspective, not simply from...

Georgia law strictly limits who has the right to bring a wrongful death claim, and that right follows a specific order of priority: the surviving spouse first, then the decedent's children, then the decedent's parents, and finally, if none of those family members exist, the personal representative of the decedent's...

To win a wrongful death case in Georgia, a family must prove two things: first, that the defendant breached a duty by acting carelessly or wrongly, and second, that this breach directly caused the death. Both elements have to be proven. A death alone, without a provable breach of duty...

We live in a deadline-driven world. Rent is due on the first of the month. Taxes are due in April. A work deadline arrives whether or not the project is finished. Lawsuits work the same way, except the consequence of missing the deadline is far more severe: in Georgia, a...

A wrongful death action in Georgia is a civil lawsuit that allows the surviving family of a person killed by another party's negligence or misconduct to recover money for “the full value of the life of the decedent.” The Georgia Wrongful Death Act, O.C.G.A. § 51-4-1, creates this right and...

Losing a loved one unexpectedly is one of the most difficult experiences a family can face. In the aftermath, many people are left not only with grief but also with uncertainty about their legal rights. Unfortunately, much of what people believe about wrongful death lawsuits in Georgia is based on...

After the loss of a loved one, families are often contacted by insurance companies within days or weeks. These early conversations can create pressure to make decisions before the full picture is understood. Many Georgia families are left asking the same question: Should we accept a settlement, or move forward...

A devastating fire tore through the Concord Crossing Apartments on Woodsong Way, just outside Smyrna in Cobb County, late Sunday night - leaving three people dead, including two children, and forcing approximately 30 residents out of their homes. Firefighters responded around 10 p.m. and arrived to find flames billowing from...

Losing a loved one is an unimaginable tragedy. In the midst of grief, you may also be faced with urgent legal questions about your family’s right to pursue a wrongful death claim. One of the most important issues in every Georgia wrongful death case is timing. Georgia law sets strict...

When a loved one is taken too soon because of another’s negligence, the loss is immeasurable. While no legal claim can restore the life that was lost, Georgia law provides a way for families to seek justice and financial recovery. Understanding how damages are measured in a Georgia wrongful death...

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