9 Common Mistakes Families Make in Georgia Wrongful Death Cases

Losing a family member to someone else’s negligence tears your life apart. Surviving family members are managing grief and practical responsibilities at the same time while facing decisions that will have a lasting impact on any potential Georgia wrongful death claim. The following nine mistakes are the most common (and consequential) ones we see.

Understanding Wrongful Death Claims in Georgia

Under Georgia law, a wrongful death case begins when a person’s death is caused by the negligent, reckless, or criminal conduct of another party. Surviving family members may file a wrongful death lawsuit to recover the full value of the decedent’s life, evaluating economic damages such as lost income, and non-economic losses such as loss of companionship and guidance. 

The decedent’s estate may also pursue a survival action to recover expenses, including medical costs and funeral expenses. Both legal tracks involve different parties and different recoverable damages, and both should be considered from the outset.

Top Mistakes to Avoid in Georgia Wrongful Death Cases

1. Waiting Too Long to Take Legal Action

Georgia’s statute of limitations for wrongful death lawsuits, like most personal injury claims, is two years from the date of death. If a claim is not filed within that window, the right to pursue a Georgia wrongful death claim is almost always lost permanently. Beyond the legal deadline, delays create practical problems as witnesses become harder to locate and physical evidence degrades. 

Retaining an attorney early allows the legal team to begin preserving evidence while surviving family members focus on other responsibilities.

2. Underestimating How Fault Allegations Can Affect the Claim

Georgia follows a modified comparative fault rule under O.C.G.A. § 51-12-33. If the decedent is found partially at fault for the incident that caused their death, the family’s recovery is reduced proportionally. If the decedent is found to be 50 percent or more at fault, recovery is barred entirely.

Insurance companies are well aware of this rule and frequently attempt to assign fault to the decedent to reduce or eliminate their exposure. Families who engage with insurers without counsel risk having a disproportionate share of fault attributed to their loved one.

3. Failing to Understand Statute of Limitations Exceptions

The two-year deadline can be extended in certain circumstances. If the death resulted from a criminal act, the civil statute of limitations may be suspended for up to six years or until the criminal case concludes, whichever is shorter. If the decedent’s estate has not been probated, the clock may be tolled for up to five additional years. Claims against a government agency carry separate notice requirements entirely. 

4. Not Opening an Estate or Filing a Survival Action

A wrongful death lawsuit filed by surviving family members is separate from a survival action filed on behalf of the decedent’s estate. The estate claim covers economic damages tied directly to the death itself, including medical expenses and funeral costs. Failing to open an estate or file a survival action alongside the wrongful death lawsuit can mean leaving a portion of recoverable damages unclaimed. 

In some cases, the personal representative of the estate may also need to participate in the wrongful death claim if there is no eligible surviving spouse or family member.

5. Giving Statements or Evidence to Insurers Without Counsel

Insurance representatives usually contact surviving family members within a short time after a death. These conversations may seem sympathetic, but they serve the insurer’s interests. Adjusters will ask questions designed to elicit information that reduces or denies a claim, like questions about the decedent’s health history or behavior at the time of the incident. 

Families should avoid giving recorded statements or signing any releases before retaining legal counsel. Once an attorney is involved, insurer communications are required to go through the legal team.

6. Failing to Preserve Critical Evidence

Evidence that seems accessible immediately after a death might disappear quickly. Surveillance footage is routinely overwritten within days. In truck accident cases, federal regulations require interstate carriers to retain operational records for only six months, after which many carriers purge them. Vehicles may be repaired or destroyed, and witness memories fade. 

An attorney can issue preservation letters and retain investigators to secure the record before it is gone.

7. Inadequate Document Organization

Building a strong wrongful death case requires documentation. Medical records and treatment summaries support the damages calculation. Financial records like pay stubs and tax returns help establish the decedent’s earning capacity and economic impact on surviving family members. 

All correspondence with insurers and other received records, like accident reports, should be preserved and organized from the outset.

8. Accepting Early or Lowball Settlements

Insurers sometimes extend early settlement offers before families have had the opportunity to retain an attorney or understand what their Georgia wrongful death case may be worth. These offers hardly ever account for the full value of a claim, which can include decades of lost income, pain and suffering, and non-economic losses such as loss of companionship. Once a settlement is signed, the right to pursue additional compensation is waived. 

No offer should be accepted without attorney review.

9. Sharing Sensitive Information on Social Media

Defense attorneys and insurance companies monitor social media. Posts that seem unrelated to the case, like photographs from events, even comments about daily life or simple expressions of emotion, can be taken out of context to challenge claimed damages. Statements made online are not protected and can surface in discovery. 

Surviving family members should avoid discussing the case or the family’s condition on any public platform while the claim is pending.

How Our Experienced Atlanta Wrongful Death Lawyers Can Help

The attorneys at Hoffspiegel Law handle wrongful death claims for families throughout Atlanta and the state. When you pursue a wrongful death claim in Georgia, the preparation and dedication behind the case are what drive meaningful results, regardless of whether a case resolves in settlement or proceeds to trial.

If your family is considering a Georgia wrongful death claim, contact Hoffspiegel Law for a confidential consultation. The firm works on a contingency fee basis, and we charge no fees unless we recover compensation. Get in touch to learn more.