Augusta Wrongful Death Lawyer
Losing a loved one is devastating. When that loss happens because someone else was careless or reckless, you may also feel angry and confused.
M. Austin Jackson Injury Lawyers knows no legal result can truly ease your loss. But we can promise to stand beside you while you heal, managing all legal complexities and holding the responsible parties accountable.
If you’re dealing with the unimaginable aftermath of losing someone you love, reach out for a free consultation. Call us at 706-981-9286 to share your story and explore your legal options.
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Our team has represented families throughout Augusta, Georgia, and South Carolina who’ve lost loved ones to preventable accidents and negligence.
From fatal car accidents and truck collisions to medical malpractice and workplace incidents, we’ve successfully handled a vast array of tragic circumstances. Every case is unique, but our commitment never wavers: We investigate thoroughly, advocate aggressively, and provide the support your family needs during your darkest hours.
We’re here to help shoulder that burden. Reach out today for a free initial consultation.
We understand the challenges our clients are facing, and we know how to secure results on their behalf.
We charge our clients nothing until we secure them a financial recovery.
Not only is our practice based in Augusta, GA, but so are we. We live right where our clients are.
Your Rights After a Wrongful Death in Georgia and South Carolina
Georgia and South Carolina both have specific wrongful death laws that determine who can seek justice and what compensation is available. The legal details can feel overwhelming when you’re grieving, but you need to know your rights.
In Georgia, wrongful death claims follow a priority system. The surviving spouse has the first right to file, and they must share any recovery with the surviving children. If there’s no spouse, the children can file. When there are no children or a spouse, the surviving parents of the deceased can bring a claim. If none of these family members come forward, the executor of the estate may file on behalf of the estate.
South Carolina’s approach is a little different. The personal representative of the deceased person’s estate must file the wrongful death lawsuit, but the compensation is distributed to the surviving spouse and children according to state law. If there’s no spouse or children, parents may be eligible, followed by other heirs.
Both states allow families to recover the full value of the life of the deceased, which includes:
- The financial support your loved one would have provided
- The value of the services they performed
- The loss of companionship, care, and guidance
In wrongful death cases involving particularly reckless conduct, punitive damages may also be available.
Our attorneys will clearly explain your rights and fight to get you every bit of compensation possible. We’ll handle all the legal work while treating your family with compassion and respect.
Do I Have a Wrongful Death Claim?
For a wrongful death claim to be valid, you’ll generally need to establish the following:
- Someone else’s negligence caused the death. This means another party’s careless, reckless, or intentional actions directly led to your loved one’s death.
- You’re an eligible family member. Both Georgia and South Carolina specify who has legal standing to file a wrongful death claim, typically starting with the closest family members like spouses, children, or parents.
- You can demonstrate damages. This includes quantifiable losses like medical bills from treatment before death, funeral and burial expenses, lost income and benefits, and loss of household services. It also includes the profound non-economic losses, such as losing your loved one’s companionship, guidance, and presence in your life.
M. Austin Jackson Injury Lawyers will carefully review the circumstances of your loved one’s death, gather the necessary evidence, and provide honest guidance about the strength of your potential claim. We’ll never push you toward litigation if it’s not in your best interest, and we’ll always respect your family’s wishes throughout the legal process.
Do I Need an Attorney After a Wrongful Death?
Wrongful death claims are among the most complex personal injury cases. They require extensive investigation to establish liability, detailed analysis to calculate the full value of your loss, and often involve multiple defendants and insurance companies working to minimize what they pay.
Insurance companies know that bereaved families are vulnerable. They may approach you quickly with settlement offers that fall far short of what your claim is actually worth. Once you accept and sign a release, you typically can’t go back for more money, even if you later realize the settlement didn’t account for the true magnitude of your loss.
An experienced attorney levels the playing field. We know how insurance companies operate and how to counter their tactics effectively. We’ll handle all communication with insurers so you don’t have to worry about saying something that could hurt your case.
Our Augusta-based law firm understands the nuances of Georgia and South Carolina wrongful death statutes. We work with expert witnesses and navigate complex court procedures on your behalf.
Meet M. Austin Jackson
M. Austin Jackson has deep roots in the Augusta community. Helping his neighbors during their most difficult times is at the heart of what he does. Austin has extensive experience handling wrongful death cases throughout Georgia and South Carolina, and he understands both the legal complexities and the emotional weight these cases carry.
Austin has built his practice on compassionate advocacy. Families dealing with wrongful death need someone who will listen to their story, answer their questions with patience, and genuinely care about achieving the best possible outcome.
What to Do After Losing a Loved One
Take these important steps to protect your family’s legal rights:
- Notify the appropriate authorities. In cases involving car accidents, workplace incidents, or suspicious deaths, contact law enforcement. Their investigation and reports will be important evidence later. In medical malpractice situations, request copies of all medical records.
- Preserve any evidence related to the death. This might include photographs of the accident scene, damaged vehicles or property, or any physical items involved in the incident. Keep all documents related to your loved one’s final medical treatment and any communication with insurance companies.
- Avoid giving recorded statements to insurance companies. Insurance adjusters may contact you soon after the death, asking detailed questions about what happened. You’re not legally required to give a statement.
- Don’t accept settlement offers or sign documents without legal advice. Early settlement offers rarely account for the full value of a wrongful death claim. Once you accept and sign a release, you give up your right to pursue additional compensation.
- Reach out to an experienced wrongful death attorney. There’s no obligation when you call M. Austin Jackson Injury Lawyers for an initial consultation. The sooner we can begin investigating your case, the better we can preserve evidence and protect your family’s rights.
Why Choose M. Austin Jackson Injury Lawyers?
If you’re looking for a local law firm with a friendly approach that genuinely cares about you and your story, we’d love to hear from you.
- We have more than a decade of personal injury law expertise.
- We have a record of success and have recovered millions for our clients, including several multi-million dollar cases.
- We have extensive experience representing our Georgia and South Carolina neighbors who have been injured in automobile collisions.
- We live where we work and are deeply rooted in the Aiken-Augusta community, so we know state laws and local courts like the back of our hand.
- We don’t get paid unless you receive a financial recovery.
Common Causes of Wrongful Death in Augusta
Our experienced team has handled wrongful death cases involving various fatal accidents and acts of negligence, including:
- Car accidents caused by distracted driving, speeding, drunk driving, and running red lights
- Truck accidents involving improperly trained drivers, poorly maintained vehicles, or violations of federal safety regulations
- Medical malpractice including surgical errors, medication mistakes, misdiagnoses, and delayed treatment
- Workplace accidents at construction sites, industrial facilities, and other job sites where third-party negligence contributed to a fatal incident
- Premises liability incidents such as slip and falls, inadequate security leading to assaults, swimming pool drowning accidents, and other dangerous property conditions
- Defective products including dangerous medications, faulty vehicles, defective machinery, and consumer products with design or manufacturing flaws
- Nursing home neglect and abuse involving bedsores, malnutrition, medication errors, and falls due to inadequate supervision
No matter what circumstances led to your loved one’s death, M. Austin Jackson Injury Lawyers has the resources to investigate thoroughly and pursue justice on your family’s behalf.
Dealing with the Insurance Company After a Wrongful Death
Even when expressing sympathy for your loss, insurance adjusters work to minimize how much the company pays out on your claim.
Some common insurance company strategies to be aware of:
- Quick settlement offers that seem generous but rarely account for the full value of your wrongful death claim.
- Requests for recorded statements or signed authorizations designed to gather information that can be used to dispute liability or minimize wrongful death damages.
- Disputing liability by suggesting your loved one was partially or fully at fault for the accident, even when their own insured was clearly negligent.
- Intentional delays in the claims process force families to accept lowball offers due to financial burdens.
Having M. Austin Jackson Injury Lawyers represent you changes the dynamic entirely. We handle all communication with insurance companies, protecting you from their tactics while we focus on building a strong case. We know what your claim is worth, and we won’t accept anything less.
Our Wrongful Death Client Stories
& Case Results
Types of Wrongful Death Cases We Handle
- Fatal car accidents
- Fatal truck accidents
- Medical malpractice deaths
- Workplace fatalities
- Nursing home abuse
- Deaths caused by defective products or dangerous premises
Begin Your Path to Justice
Losing someone you love is painful beyond words. While we can’t undo what happened, we can help you hold the responsible parties accountable and secure the fair compensation your family needs to move forward.
M. Austin Jackson Injury Lawyers is committed to providing compassionate, experienced advocacy for families dealing with wrongful death. We understand the immense weight you’re carrying, and we’re here to ease the legal burden so you can focus on healing and supporting each other.
We invite you to reach out for a confidential consultation. There’s no cost to talk with us about your situation, and there’s no obligation to move forward unless you’re comfortable doing so.
When you’re ready to explore your options after a tragic accident, we’re here to listen. Call 706-981-9286 to schedule your free consultation.
FAQs on Wrongful Death in Augusta
Georgia law has a clear order for who can file a wrongful death claim. The right to file and share any recovery generally follows this priority:
- Surviving spouse (shared with any surviving children)
- Surviving children (if there’s no spouse)
- Parents of the deceased (if there are no spouse or children)
- The estate’s executor/administrator (if there are no surviving family members)
Georgia and South Carolina both allow families to recover the full value of the life of the deceased. This includes economic damages (lost income, benefits, and the value of services your loved one would have provided) and non-economic damages (loss of companionship, care, and guidance).
The estate may also pursue a separate claim for medical expenses before death, funeral and burial costs, and pain and suffering the deceased experienced before passing.
In cases involving particularly reckless or intentional conduct, punitive damages may also be available.
In Georgia, the statute of limitations for wrongful death claims is generally two years from the date of death. South Carolina has a similar two-year time limit in most cases. Some exceptions may shorten or extend this deadline depending on the circumstances, like wrongful death lawsuits involving government entities or medical malpractice.
If you miss the deadline, you typically lose your right to pursue compensation, so it’s important to consult with an attorney as soon as possible.
Georgia follows a modified comparative negligence rule. You can still recover compensation as long as your loved one was less than 50% at fault for the accident. But the recovery will be reduced by their percentage of fault. For example, if the total damages are $1 million and your loved one is 20% at fault, the recovery would be $800,000.
South Carolina follows a similar modified comparative negligence standard. Insurance companies often try to shift blame to the deceased, which is why it’s important to have an experienced wrongful death attorney who can argue the facts.
A criminal case is brought by the government to punish someone for breaking the law. A wrongful death claim is a civil lawsuit brought by family members to get financial compensation for their loss. The standards of proof are different for each scenario—criminal cases require proof beyond a reasonable doubt, while civil wrongful death cases require proof by a preponderance of the evidence.
A person can be acquitted in criminal court but still be found liable in a wrongful death lawsuit. The outcomes are also different: criminal cases can result in jail time and fines paid to the government, while wrongful death cases result in monetary compensation paid to the family.
Yes, you can pursue a wrongful death claim even if criminal charges have been filed. These are separate proceedings with different standards and purposes. In fact, evidence from a criminal investigation can sometimes strengthen your civil case.
If the defendant is convicted, that conviction may be admissible in the civil case, though a conviction is not required to win a wrongful death lawsuit. Similarly, an acquittal in criminal court doesn’t prevent you from pursuing and winning a civil wrongful death claim.
If the at-fault party has no insurance or insufficient insurance coverage, you may still have options. Your loved one’s own insurance policy might include uninsured or underinsured motorist coverage that can provide compensation.
In some cases, other parties may share liability. For example, in a workplace accident, the employer’s workers’ compensation might apply, and a third party, like an equipment manufacturer, could also be liable. If the at-fault party has significant personal assets, you can sometimes pursue them. An experienced attorney can identify all possible sources of compensation in your case.
The timeline varies depending on the complexity of the case, the insurer’s willingness to negotiate, and whether the case goes to trial. Some wrongful death cases settle within several months if liability is clear and the insurance company makes a fair offer. More complex cases involving disputed liability, multiple defendants, or extensive expert testimony may take a year or longer, especially if the case goes to trial.
While we work to resolve cases quickly, our priority is always achieving the best outcome for your family rather than rushing to a settlement that doesn’t fully compensate for your loss.