Understanding Wrongful Death Claims: How They Differ from Other Personal Injury Cases

Losing a loved one is one of the most difficult experiences a family can face. When that loss is caused by someone else’s negligence or reckless actions, the grief can feel even more overwhelming.  You want the wrongdoer to be held accountable for their actions.  In Georgia, families may have the right to pursue a wrongful death claim, which is different from a standard personal injury case. At Dyal Jenkins, we help families across Georgia navigate this challenging process with compassion and clarity.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person dies as a result of another party’s negligence, recklessness, or intentional act. Common causes include car wrecks, medical malpractice, workplace accidents, or defective products.

Unlike personal injury cases, where the injured person seeks compensation for themselves, wrongful death claims are filed by surviving family members on behalf of the deceased. The goal is to recover the “full value of the life” of the person who passed away…from the deceased person’s perspective.  This is a very difficult concept to illustrate while staying within the rules of evidence in Georgia, and should only be handled by an experienced trial attorney.

Who Can File a Wrongful Death Claim in Georgia?

Georgia law is very specific about who can bring a wrongful death lawsuit:

• The surviving spouse has the first right to file.
• If there is no spouse, the children of the deceased may file.
• If neither spouse nor children survive, the parents of the deceased may bring the claim.
• In some cases, the estate’s representative can file on behalf of beneficiaries.

Understanding these rules is crucial, which is why working with an experienced Georgia wrongful death lawyer, who also understands the probate process, can make all the difference.

Key Differences Between Wrongful Death and Personal Injury Cases

While wrongful death cases fall under the umbrella of personal injury law, there are important differences:

1. Who Brings the Claim – In personal injury, the injured person files; in wrongful death, it’s the family or estate.
2. Type of Compensation – Wrongful death cases focus on the value of the deceased’s life, including lost wages, benefits, and companionship. Personal injury cases focus on the injured person’s medical costs, lost income, and pain and suffering.
3. Damages for the Estate – Families can also pursue claims on behalf of the estate for medical expenses, funeral costs, and any pain and suffering their loved one endured between the time of initial injury and death.
4. Emotional Impact – Wrongful death claims acknowledge not only financial loss but also the irreplaceable loss of guidance, love, and support.

Why Choose Dyal Jenkins for Wrongful Death Cases?

At Dyal Jenkins, we understand the sensitivity of wrongful death cases. Families aren’t just looking for legal representation—they’re seeking guidance, empathy, and someone who will fight for justice on behalf of their loved one and their family.

Our attorneys have years of experience handling personal injury and wrongful death claims across Georgia, and we know how to build strong cases against negligent drivers, corporations, or individuals. We work tirelessly to help families secure the compensation they need to move forward.

Take the Next Step

If your family has lost a loved one due to someone else’s actions, you don’t have to face the legal system alone. Contact Dyal Jenkins today for a confidential consultation. Our wrongful death attorneys in Georgia are here to stand by your side, protect your rights, and honour your loved one’s memory with the justice they deserve.