Albany Wrongful Death Lawyer

Wrongful Death Lawyer Albany, GA

If someone you love was killed because a property owner, landlord, or business failed to provide adequate security, your family has the right to pursue a civil wrongful death claim. This is not the same as the criminal case. A wrongful death lawsuit holds the negligent third party financially accountable for your loss, and it does not require a criminal conviction.

Our Albany, GA wrongful death lawyer at Deitch + Rogers LLC represents families who have lost loved ones to violent crime caused by negligent security, premises liability failures, and institutional negligence. The firm focuses exclusively on civil cases against the property owners and businesses that should have prevented the violence. Contact our firm today.

Why Choose Deitch + Rogers for Wrongful Death Cases in Albany, GA?

Attorneys Who Have Won Landmark Wrongful Death Verdicts

Kara Phillips graduated from John Marshall Law School in Atlanta in 2010. She has been selected as a Super Lawyers Rising Star every year since 2016 and was nominated for the National Trial Lawyers Top 40 Under 40 beginning in 2017. Phillips is a member of the Georgia Trial Lawyers Association, the National Crime Victim Bar Association, and the American Association for Justice. She was part of the trial team that obtained a $50 million jury award in an institutional negligence case involving wrongful death.

Andrew Rogers graduated from Georgia State University College of Law in 1988. He is a charter member of the National Crime Victim Bar Association and holds the record for the highest premises liability verdicts in the State of Georgia for 2013, 2014, 2018, and 2019. Rogers’ record in premises liability cases is directly relevant to wrongful death claims that arise from negligent security, because the same legal framework governs both.

Michael D’Antignac was part of the trial team behind a $46 million verdict in a wrongful death premises liability case involving the death of a toddler, and a $13.8 million verdict in a related matter. Founding Partner Gilbert Deitch co-founded the firm in 1970 and has published widely on premises liability and crime victim litigation. As a crime victim lawyer in Albany, GA, the firm brings this collective record to families in southwest Georgia.

Over $207 Million Recovered for Crime Victims and Their Families

Deitch + Rogers has secured more than $207 million in total recoveries for crime victims across Georgia. In wrongful death and fatal injury cases specifically, the firm has obtained a $46 million verdict in a premises liability wrongful death case, a $5.1 million verdict against a hotel following a fatal shooting, a $1.35 million settlement for a wrongful death resulting from an apartment shooting, and a $1.25 million recovery in a wrongful death caused by a robbery shooting.

No Fees Unless We Recover for Your Family

Deitch + Rogers works on a contingency fee structure. The firm advances every expense for investigation, litigation, and expert witnesses. Fees and costs come only from the recovery. If the case does not result in a settlement or verdict, the family owes nothing. We believe families dealing with wrongful death should never have to worry about paying legal fees out of pocket during the worst period of their lives.

“This team worked extremely hard to get the best result for my case. They were so kind, professional, and knowledgeable – and gave me updates when I needed them. I would recommend them to anybody who was thinking of their service.”

• Adathel Lenzer

Read client testimonials on our Google Business Profile.

Types of Wrongful Death Cases We Handle in Albany

When a violent crime in Albany, GA results in death because a property owner failed to provide reasonable security, surviving family members can pursue a civil claim. Our wrongful death attorneys hold negligent property owners, landlords, and businesses accountable. We handle cases involving:

• Apartment shooting deaths. Tenants and visitors killed at apartment complexes where negligent security allowed the shooting to occur. Broken gates, absent patrols, missing cameras, and ignored complaints about prior incidents all contribute to liability.
• Hotel and motel deaths. Guests killed at hotels due to inadequate access controls, failure to monitor surveillance, or failure to respond to known criminal activity. The firm secured a $5.1 million verdict in a hotel shooting wrongful death case.
• Commercial property deaths. Customers, employees, and visitors killed on commercial premises where the property owner failed to provide basic security measures. Gas stations, retail stores, and shopping centers all carry a duty to protect the people on their property.
• Robbery-related deaths. Victims killed during robberies at businesses, parking lots, or residential properties where the owner’s failure to implement security measures made the crime foreseeable.
• Institutional negligence deaths. Residents of group homes, treatment facilities, and care organizations who die as a result of the institution’s failure to screen employees, maintain safe conditions, or provide adequate supervision.
• Sexual assault resulting in death. Cases where a sexual assault escalates to homicide on negligently secured property. These cases involve both wrongful death and underlying premises liability claims.
• Bar and nightclub deaths. Patrons killed at bars, nightclubs, and restaurants that failed to employ security, manage crowd safety, or respond to escalating situations.

Georgia Legal Requirements for Wrongful Death Cases

Georgia’s wrongful death statute is found at O.C.G.A. § 51-4-1 through § 51-4-5. Under this law, a wrongful death claim may be brought when a person dies as the result of another party’s negligence, recklessness, or intentional misconduct. In negligent security cases, the “other party” is the property owner who failed to prevent the conditions that led to the fatal crime.

Georgia law specifies who may file a wrongful death claim. The surviving spouse has the first right to bring the action. If there is no surviving spouse, the children of the deceased may file. If there is no spouse or children, the parents may bring the claim. If none of these family members survive, the personal representative of the estate may file on behalf of the next of kin. Georgia also recognizes a separate survival action, which allows the estate to recover damages the deceased could have pursued had they survived, including medical expenses incurred before death and the pain and suffering they experienced.

The statute of limitations for wrongful death in Georgia is two years from the date of death under O.C.G.A. § 9-3-33. This deadline is strict. If the claim is not filed within two years, the family loses the right to pursue it. Georgia’s comparative negligence rules under O.C.G.A. § 51-11-7 also apply to wrongful death actions. If the deceased is found to be less than 50% at fault, the family can still recover damages, reduced by the deceased’s percentage of responsibility. In negligent security wrongful death cases, defendants sometimes argue that the deceased bore some fault for being present at a high-crime location. An experienced wrongful death attorney anticipates and counters those arguments.

The federal Office for Victims of Crime and the Georgia Criminal Justice Coordinating Council administer victim compensation programs. These programs can help with funeral expenses and other immediate costs, but they have caps that fall far short of what a civil wrongful death case can recover.

What Damages Are Recoverable in Albany Wrongful Death Cases?

Families pursuing a wrongful death claim in Albany, GA can seek two distinct categories of damages under Georgia law, plus punitive damages where applicable.

Wrongful death damages compensate the family for the “full value of the life” of the deceased. Georgia uses this phrase in the statute, and it means more than just economic loss. It includes the deceased person’s earning capacity over their expected lifetime, but also the intangible value they brought to their family. Care and companionship. Guidance and nurturing. The relationship itself. Juries consider the deceased person’s age, health, earning history, and the nature of the relationships they had with surviving family members when determining this value. Children who lose parents may recover for the loss of parental care, guidance, and support.

Estate damages, recovered through a survival action, cover the losses the deceased person experienced before death. Emergency medical treatment. Hospital costs. The physical pain and mental suffering the person endured from the time of the injury until death. These damages belong to the estate, not directly to the surviving family, though the family typically benefits through the estate. Georgia law also allows recovery for funeral and burial expenses.

Punitive damages may be available under O.C.G.A. § 51-12-5.1 when the property owner’s negligence was willful, malicious, or showed conscious disregard for safety. A landlord who knew about repeated violent incidents on the property and refused to improve security could face punitive damages in addition to compensatory awards. Georgia caps most punitive damages at $250,000, though exceptions apply for certain intentional conduct.

Contact Deitch + Rogers

If your family lost someone to violent crime in Albany, GA, because a property owner failed to provide adequate security, our wrongful death attorneys are ready to listen. The consultation is free and confidential. You pay nothing unless we recover compensation for your family.

Deitch + Rogers has spent more than four decades representing families of crime victims throughout Georgia. We understand that no amount of money replaces the person you lost. But accountability matters, and so does your family’s financial security going forward. Contact us to schedule a consultation.