Helping Augusta Families Hold Responsible Parties Accountable After a Loss

Wrongful Death Representation for Augusta and Richmond County Families

T. Madden & Associates, P.C. represents families in Georgia wrongful death cases, and the firm has an Augusta office. The firm has practiced since 1999. Terance Madden is the responsible lawyer for this page. Shenia Madden is also one of the firm’s lawyers.

The firm also has offices in Jonesboro, Atlanta, Decatur and Macon. Our team works with families after a death caused by a crash, a fall, a medical error, a nursing home incident or negligent security.

This page is a plain-language guide for Augusta and Richmond County families weighing a wrongful death claim. It covers who may sue in Georgia, the filing deadline, the kinds of fatal incidents the firm handles, what a claim may seek and the first steps to take. Losing someone suddenly raises hard questions fast. The sections below answer them in a practical order. If you are still deciding what to do next, read the whole page or jump to the section that fits your situation.

Who Can Bring a Wrongful Death Claim in Georgia

In Georgia, a surviving spouse may bring a wrongful death claim for the homicide of a spouse under O.C.G.A. § 51-4-2(a). If there is no surviving spouse, a child or children may bring it. When no person is entitled to bring the action under § 51-4-2 or § 51-4-4, the administrator or executor of the decedent may bring it for the benefit of the next of kin under O.C.G.A. § 51-4-5. O.C.G.A. § 51-4-2 lets that person recover the full value of the decedent’s life, as shown by the evidence.

The statute also protects the spouse’s share. When there is a surviving spouse, the spouse gets no less than one-third of any recovery. The statute sets how the rest is shared among the children.

A recovery under this statute is not subject to the decedent’s debts or the estate’s debts. Who may sue depends on the family situation. That is why the firm asks about spouses, children and the estate early on.

A child’s death follows its own rule under O.C.G.A. § 51-4-4.

Georgia Filing Deadlines for Augusta Cases

Georgia’s general rule for actions for injuries to the person is two years after the right of action accrues. That rule appears in O.C.G.A. § 9-3-33. The statute begins with “except as otherwise provided,” so other rules can apply to some claims.

Medical malpractice has its own clock. Under O.C.G.A. § 9-3-71, the action must be brought within two years after the injury or death. Under O.C.G.A. § 9-3-71(b), Georgia’s five-year statute of repose bars a medical malpractice action filed more than five years after the date on which the negligent or wrongful act or omission occurred.

The facts decide how these rules apply to a particular death. Families often lose time while they wait for answers. Early contact gives the firm time to gather records before any deadline arrives.

Fatal Incidents the Firm Handles in the Augusta Area

The firm handles wrongful death claims that grow out of its practice areas. These include car and truck crashes, motorcycle and e-bike crashes, slip and falls, nursing home abuse, medical malpractice, negligent security and catastrophic injury. Each type needs different records.

Crash cases start with the police or crash report, photographs and the names of every driver and insurer. The Insurance Institute for Highway Safety publishes fatality facts on motorcycle deaths, including helmet use.

Slip and fall cases depend on photos of the spot, incident reports and any written warnings. Nursing home cases turn on care records and staffing notes. Georgia requires residents to receive care with reasonable care and skill, under O.C.G.A. § 31-8-108.

Negligent security cases focus on logs, camera footage and incident reports. A security contractor that assumes and undertakes a duty to invitees and licensees to keep all or part of a premises safe from the wrongful conduct of a third person may be liable for negligent security only as an owner or occupier would be, under O.C.G.A. § 51-3-57.

Some families first face a catastrophic injury before a death. The Brain Trauma Foundation’s FAQ covers traumatic brain injury severity and fatality.

What a Georgia Wrongful Death Claim Can Seek

A Georgia wrongful death claim by a surviving spouse, or by a child or children if there is no surviving spouse, can seek the full value of the decedent’s life for the homicide of a spouse or parent, as shown by the evidence. The measure comes from O.C.G.A. § 51-4-2.

Funeral and other necessary expenses are also part of the picture. When death results from a crime or from criminal or other negligence, the personal representative may recover them under O.C.G.A. § 51-4-5. Necessary expenses from an injury are a legitimate item of damages under O.C.G.A. § 51-12-7.

See O.C.G.A. § 9-2-41.

Fault also matters. Under O.C.G.A. § 51-12-33, damages are reduced in proportion to any fault assigned to the plaintiff. A plaintiff who is 50 percent or more responsible receives no damages.

First Steps After a Fatal Accident in Augusta

The first steps are to keep records, be careful with insurers and set up a consultation. Acting early helps families protect the facts while they grieve.

Step 1: Keep the police or crash report, photographs, hospital and medical paperwork, and every letter from an employer or insurer.

Step 2: Be careful with recorded statements. Insurance adjusters may call soon after a death. You can speak with a lawyer before you answer their questions.

Step 3: Write down the family facts. Include the decedent’s job, income and the people who relied on them.

Step 4: Contact the firm for a free first consultation so the facts of the death can be reviewed.

Fees, Costs and the Free First Consultation

The firm’s first consultation is free, confidential and comes with no obligation to continue. This is the first step families can take without committing to anything else.

The firm works on a no-fee-unless-we-win basis, but you may still be responsible for court costs and case expenses.

Bring your questions about costs to the first meeting. Many families are also dealing with funeral bills and lost income at the same time, so a clear picture of costs helps.

Contact T. Madden & Associates About Your Augusta Wrongful Death Claim

T. Madden & Associates can review a fatal incident in Augusta during a free first consultation. The firm’s responsible lawyer is Terance Madden.

If a fatal crash, fall, medical error, nursing home death or negligent security incident has taken someone from your family in Augusta, reach out now. Use the contact page to start a free case evaluation, or call the firm available 24/7.

Responsible lawyer: Terance Madden, T. Madden & Associates, P.C.