Wrongful Death Lawyer

Robert J. Hartigan is the founding attorney of Lionhart Injury Law, a personal injury firm representing grieving families in Massachusetts and Georgia. Recognized as a Super Lawyers Rising Star in 2021, 2022, and 2026 and holding an Avvo Rating of 10.0 (Superb), Robert brings both legal excellence and genuine compassion to every wrongful death case he handles. Named a Boston Magazine Top Lawyer in 2021 and a National Trial Lawyers Top 40 Under 40 in Massachusetts in 2019, he has recovered more than $15 million for injury victims over nine-plus years. Robert understands that no settlement can replace a loved one, but he fights to ensure negligent parties are held fully accountable. Offices in Boston and Atlanta.

Losing someone you love because of another person’s negligence is different from every other type of personal injury case. There is no recovery that can undo what happened. There is no settlement that can give your family back the person you lost. But there is a legal process for holding the responsible party accountable and protecting your family’s financial future.

My name is Robert J. Hartigan, founding attorney of Lionhart Injury Law. For nearly a decade, I have represented injured people and families in Massachusetts and Georgia. When I take on a wrongful death case, I understand that I am being trusted with much more than a legal claim. I am being trusted with someone’s story, the impact they had on the people who loved them, and a family’s opportunity to demand accountability for a preventable death.

As a wrongful death lawyer, my job is to investigate what happened, identify everyone who may be legally responsible, preserve the evidence needed to prove the case, determine every category of damages available under the law, and pursue the full compensation your family is rightfully entitled to.

Georgia and Massachusetts handle wrongful death claims very differently. Who files the case, how damages are calculated, and which claims may be pursued all depend on where the death occurred. I understand those differences and build each case under the law that applies.

If you lost a loved one in a tragic accident caused by someone else’s negligence, I invite you to call my office at 1-855-343-0997 for a free consultation.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil action arising when a person’s death is legally attributable to another person or entity. Depending on the circumstances and applicable state law, the underlying conduct may involve negligence, reckless or intentional conduct, or other legally actionable wrongdoing.

Wrongful death cases can arise from many situations, including:

• Car accidents
• Commercial truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Drunk or impaired driving crashes
• Dangerous property conditions
• Negligent security
• Defective products
• Construction and workplace-related incidents
• Other preventable accidents caused by negligence or wrongful conduct

A civil wrongful death claim is separate from any criminal prosecution. Prosecutors decide whether criminal charges will be brought, while the appropriate family member or estate representative pursues the civil case. A criminal conviction is not required before a family can pursue a wrongful death lawsuit.

The burden of proof is also different. Criminal charges generally must be proved beyond a reasonable doubt. Civil liability ordinarily requires proof by a preponderance of the evidence, meaning the facts show that something was more likely than not to have occurred.

Georgia Wrongful Death Law

Georgia has a distinctive approach to wrongful death damages built around what state law calls the “full value of the life of the decedent.” Under O.C.G.A. § 51-4-1, the full value of a person’s life is determined without deducting the necessary or personal expenses the person would have incurred if they had lived.

A Georgia wrongful death case can therefore involve both the economic and intangible value of the life that was lost.

What Does the “Full Value of Life” Include?

The evidence used to establish the full value of life may address two broad components.

The economic component can include matters such as:

• Projected lifetime earnings
• Employment benefits
• Expected career progression
• The financial value of work and services
• Other measurable economic value associated with the life that was lost

The intangible component looks beyond a paycheck. It considers the value of the person’s life from the perspective of the decedent, including the experiences, relationships, activities, and enjoyment of life the person was deprived of because of the premature death. That distinction is important. A person’s life is not valued solely according to income.

Who Can File a Georgia Wrongful Death Lawsuit?

Georgia law establishes an order of priority for who has the right to pursue the claim.

Under O.C.G.A. § 51-4-2, the surviving spouse generally has the first right to bring a claim for the wrongful death of a spouse. If there is no surviving spouse, the deceased person’s child or children, whether minors or adults, may pursue the claim.

When a surviving spouse and children share in a recovery, Georgia law generally divides the recovery among them, although the surviving spouse is entitled to at least one-third.

When the person who died leaves no spouse or child, the deceased person’s parent or parents may have the right to pursue the claim under O.C.G.A. § 19-7-1.

If no person is entitled to bring the claim under those provisions, O.C.G.A. § 51-4-5 allows the executor or administrator of the estate to pursue the wrongful death claim for the benefit of the next of kin.

Determining who has standing to file should be one of the first steps in a Georgia wrongful death case.

The Wrongful Death Claim and Estate Claims Are Different in Georgia

A fatal accident may create more than one legal claim. The statutory wrongful death claim seeks recovery for the full value of the deceased person’s life. Separate claims belonging to the estate can address losses associated with what occurred between the initial injury and death.

Under O.C.G.A. § 51-4-5, the personal representative may recover funeral, medical, and other necessary expenses resulting from the injury and death. Georgia law also allows certain claims that belonged to the injured person before death to survive. Depending on the facts, a survival claim can include compensation for the decedent’s conscious pain and suffering between the injury and death.

These claims are legally distinct from the family’s claim for the full value of life. In an appropriate case, I investigate and pursue every claim available rather than limiting the case to only one category of damages.

How Long Do You Have to File a Georgia Wrongful Death Lawsuit?

Georgia wrongful death actions based on personal injury are generally subject to the two-year limitations period in O.C.G.A. § 9-3-33. For a typical wrongful death case, the deadline is generally measured from the death.

However, two years is not an absolute rule in every case. Georgia has tolling statutes and other rules that can alter how a limitations period is calculated. For example, a criminal prosecution arising from the same incident can affect the limitations period under certain circumstances. Estate-related claims can also present different tolling issues. There may also be much shorter notice requirements when a government entity is potentially responsible.

This is one reason I do not recommend waiting to contact a wrongful death attorney. The legal deadline may be years away, but critical evidence can disappear within days or weeks. As an experienced wrongful death attorney, I seek to ensure that no critical deadline is missed.

Massachusetts Wrongful Death Law

Massachusetts wrongful death claims are governed primarily by M.G.L. c. 229, § 2.

One of the most important differences from Georgia is who actually files the lawsuit. In Massachusetts, the wrongful death action is brought by the executor or administrator of the deceased person’s estate. The recovery is then distributed for the benefit of the people entitled to damages under Massachusetts law. If an estate has not yet been opened, addressing the appropriate probate appointment may therefore be an important early step in pursuing the wrongful death claim.

What Damages Are Available in a Massachusetts Wrongful Death Case?

Massachusetts uses a “fair monetary value” framework.

Under M.G.L. c. 229, § 2, recoverable damages can include compensation for the loss of the decedent’s reasonably expected:

• Net income
• Services
• Protection
• Care
• Assistance
• Society
• Companionship
• Comfort
• Guidance
• Counsel
• Advice

The statute also permits recovery of reasonable funeral and burial expenses.

This means a Massachusetts wrongful death case is not simply an earnings calculation. The law recognizes that a spouse, parent, or other loved one contributes things to a family that cannot be measured by a paycheck alone.

Punitive Damages in Massachusetts Wrongful Death Cases

Massachusetts also expressly allows punitive damages in certain wrongful death cases. If a death was caused by malicious, willful, wanton, or reckless conduct, or by gross negligence, M.G.L. c. 229, § 2 provides for punitive damages of at least $5,000.

Punitive damages are not available simply because a death occurred. The conduct must satisfy the heightened statutory standard. When the evidence suggests particularly dangerous or egregious behavior, I investigate whether a claim for punitive damages is supported rather than treating the case as an ordinary negligence claim.

Can Massachusetts Families Recover for Conscious Suffering Before Death?

Yes, when supported by the evidence. Under M.G.L. c. 229, § 6, damages may be recovered for conscious suffering resulting from the same injury that caused the death.

Those damages are distinct from the wrongful death damages awarded for the losses suffered by the statutory beneficiaries. Amounts recovered for conscious suffering are held by the executor or administrator as assets of the estate. This can become particularly significant when a person survived for a period of time after a catastrophic injury and experienced conscious pain, fear, or suffering before death.

How Long Do You Have to File a Massachusetts Wrongful Death Lawsuit?

Massachusetts has a more specific limitations rule than simply saying every claim must be filed within three years of death. Under M.G.L. c. 229, § 2, a wrongful death action generally must be commenced within three years from the date of death or within three years from the date the executor or administrator knew, or reasonably should have known, the factual basis for a wrongful death claim.

The statute also references additional provisions that can affect the deadline in certain circumstances. That is why the limitations period should be evaluated based on the facts of the particular case rather than reduced to a single calendar rule.

What If My Loved One Was Partially at Fault?

Insurance companies may try to assign part of the responsibility for an accident to the person who died. Because that person is no longer available to explain what happened, these allegations need to be examined particularly carefully.

Georgia applies comparative fault principles under O.C.G.A. § 51-12-33. When legally applicable fault is attributed to the person whose injury or death forms the basis of the claim, damages can be reduced proportionally. Recovery is generally barred if that person’s share of responsibility reaches 50% or more.

Massachusetts applies modified comparative negligence under M.G.L. c. 231, § 85. Recovery is permitted when the negligence attributed to the deceased was not greater than the combined negligence of the person or persons from whom recovery is sought. Any award is then reduced according to the applicable percentage of negligence.

When fault is disputed, I look for independent evidence rather than accepting the insurance company’s version of events. Depending on the case, that can include:

• Accident reconstruction
• Physical evidence from the scene
• Vehicle or electronic data
• Surveillance or dash-camera footage
• Witness testimony
• Cell phone records
• Police investigative materials
• Medical evidence
• Expert testimony

The person who died cannot defend themselves against an insurer’s allegations. I will!

Do Not Let an Insurance Company Define the Value of Your Loss

After a fatal accident, an insurance company may contact the family before there has been enough time to understand what happened, identify every responsible party, or calculate the full value of the claims available. That is not the time to rush into a settlement.

A wrongful death case may involve multiple defendants, multiple insurance policies, substantial future economic losses, separate estate claims, and damages that require expert analysis. Once a claim is fully settled and the appropriate release is executed, the opportunity to pursue additional compensation from the released party is generally gone.

Before signing a release or accepting a final settlement, talk to a wrongful death lawyer who can determine what the case may actually be worth. Call my office at 1-855-343-0997 to schedule a free consultation.

A Wrongful Death Result for a Family I Represented

One wrongful death case I handled involved a mother and daughter who were struck by a drunk driver. I recovered $200,000 for the family.

No financial recovery can replace the people who were lost, and every case depends on its own facts, available insurance, defendants, damages, and applicable law. Past results do not guarantee a future outcome.

What I can promise is how I approach the case: I investigate every potential source of responsibility and compensation and fight to obtain the best result available for the family I represent.

Wrongful Death Lawyer Serving Massachusetts and Georgia

Lionhart Injury Law represents families pursuing wrongful death claims in Boston and throughout Massachusetts, as well as Atlanta, Decatur, and surrounding Georgia communities.

Because Georgia and Massachusetts use very different wrongful death statutes, I do not take a one-size-fits-all approach. I determine who has the legal right to pursue the case, which claims belong to the family and which belong to the estate, what categories of damages are available, and what deadlines apply under the law of the state where the claim arises.

For information specific to the Decatur area, visit my Decatur Wrongful Death Lawyer page.

Frequently Asked Questions About Wrongful Death Claims

Who can file a wrongful death lawsuit in Georgia?

Georgia generally gives the surviving spouse the first right to pursue a wrongful death claim. If there is no surviving spouse, the decedent’s children may pursue it. When there is no spouse or child, the parents may have the right to bring the claim. If none of those individuals is entitled to sue, the executor or administrator may be able to bring the wrongful death action for the benefit of the next of kin.

A separate personal representative may also pursue estate-related claims and expenses. Determining the correct plaintiff is an important early part of a Georgia wrongful death case.

How is a Georgia wrongful death recovery divided between a spouse and children?

Under O.C.G.A. § 51-4-2, a recovery is generally divided among the surviving spouse and children, with descendants of a deceased child taking their parent’s share. However, the surviving spouse is entitled to no less than one-third of the recovery.

Who files a wrongful death claim in Massachusetts?

Under M.G.L. c. 229, § 2, the wrongful death action is filed by the executor or administrator of the deceased person’s estate. The executor or administrator pursues the lawsuit for the benefit of those entitled to the wrongful death recovery under Massachusetts law.

What damages can be recovered in a Georgia wrongful death case?

The primary Georgia wrongful death claim seeks the full value of the life of the deceased, including both economic and intangible components.

Separate estate-related claims may include funeral and medical expenses and other necessary expenses caused by the injury and death. When the evidence establishes conscious suffering between injury and death, a separate survival claim may also be available.

What damages can be recovered in a Massachusetts wrongful death case?

Massachusetts permits recovery for the fair monetary value of the deceased to the statutory beneficiaries, including reasonably expected net income and the value of services, care, protection, assistance, society, companionship, comfort, guidance, counsel, and advice.

Reasonable funeral and burial expenses are also recoverable. In qualifying cases involving malicious, willful, wanton, reckless, or grossly negligent conduct, punitive damages may also be available.

What is the difference between a wrongful death claim and a survival claim?

A wrongful death claim seeks damages arising because the person died and compensates according to the wrongful death law of the applicable state. A survival claim preserves certain claims the injured person had before death. Depending on the facts and state law, it may include damages for conscious pain and suffering experienced between the injury and death. The two claims compensate different losses and may both arise from the same fatal incident.

How long do I have to file a wrongful death lawsuit in Georgia?

Georgia wrongful death claims arising from personal injuries are generally subject to a two-year limitations period under O.C.G.A. § 9-3-33.

However, tolling provisions and special rules can change the deadline. Do not assume that every case expires exactly two years after the date of death without reviewing the specific circumstances.

How long do I have to file a wrongful death lawsuit in Massachusetts?

Under M.G.L. c. 229, § 2, a Massachusetts wrongful death claim generally must be filed within three years from the date of death or within three years from when the executor or administrator knew, or reasonably should have known, the factual basis for the claim.

Additional statutory provisions can affect that period in particular cases.

What if my loved one was partially responsible for the accident?

Partial responsibility does not necessarily eliminate a wrongful death claim.

Georgia generally bars recovery when the applicable share of fault reaches 50% or more and reduces damages when the percentage is lower. Massachusetts permits recovery when the deceased’s negligence was not greater than the combined negligence of the person or persons from whom recovery is sought, with damages reduced according to the percentage of negligence attributed to the deceased.

Because fault directly affects the amount the family may recover, as an experienced wrongful death attorney, I investigate attempts to shift responsibility to the person who died and tenaciously fight for the maximum compensation possible.

Can we pursue a wrongful death lawsuit if criminal charges are also filed?

Yes. The civil wrongful death case and a criminal prosecution are separate proceedings. The government controls the criminal prosecution, while the appropriate family member or estate representative controls the civil claim.

A criminal conviction can be relevant to a civil case, but a conviction is not a prerequisite to bringing a wrongful death lawsuit. The proceedings can also affect one another procedurally, so the timing and strategy should be evaluated carefully.

How is compensation calculated in a wrongful death case?

It depends heavily on the state and the individual who died.

In Georgia, the principal wrongful death measure is the full value of the deceased person’s life, including economic and intangible components.

In Massachusetts, the statute focuses on the fair monetary value of the decedent to the people entitled to recover, including lost net income and the value of services, care, companionship, guidance, and other recognized losses.

Evidence may include employment and tax records, benefits information, testimony from family members, medical evidence, and, when appropriate, analysis from economists or other experts.

How much is my family’s wrongful death case worth?

There is no responsible way to value a wrongful death claim without understanding the facts. Important factors can include the deceased person’s age, health, employment, expected earnings, family relationships, circumstances of the death, conscious suffering before death, available insurance coverage, number and identity of responsible parties, and the law governing damages.

My job as your wrongful death attorney is to identify every category of compensation available and build the evidence necessary to demonstrate the full value of the claim. If you lost a loved one due to someone else’s negligence, I invite you to call my office at 1-855-343-0997.

Free Consultation | No Fee Unless We Win

Toll-Free: (855) 343-0997  |  Boston: (617) 871-9093  |  Atlanta: (404) 239-5245