An infant wrongful death lawsuit is a legal action filed when an infant dies due to the negligence, recklessness, or intentional misconduct of another party, such as a medical professional, caregiver, or manufacturer.
In Georgia, these lawsuits are governed by the state’s wrongful death statutes, primarily OCGA § 51-4-1 and OCGA § 51-4-2, allowing grieving parents or the infant’s estate to seek compensation for their profound loss. These cases are deeply emotional, addressing tragedies like medical malpractice during childbirth in Atlanta hospitals or defective products in Decatur nurseries.
An infant wrongful death lawsuit seeks to hold accountable those responsible for a baby’s death, whether during pregnancy, childbirth, or early infancy. In Georgia, wrongful death is defined under OCGA § 51-4-1 as a death caused by a wrongful act, neglect, or default that would have entitled the deceased to sue if they had survived. For infants, these cases often involve:
- Medical Malpractice: Errors during prenatal care, labor, or delivery, such as failure to monitor fetal distress in a Midtown hospital.
- Defective Products: Faulty cribs, car seats, or formula causing fatal injuries, liable under OCGA § 51-1-11.
- Negligent Care: Daycare or caregiver negligence in Buckhead, like failure to supervise, leading to suffocation or injury.
- Accidents: Car crashes on I-285 or pedestrian incidents in Downtown Atlanta involving pregnant mothers or infants.
These lawsuits aim to provide financial compensation and justice, addressing both economic and emotional losses families face after the loss of a loved one.
Legal Framework for Infant Wrongful Death Lawsuits in Georgia
Georgia’s wrongful death laws outline who can file, what damages are recoverable, and the legal process. Key statutes include:
- OCGA § 51-4-2: Governs wrongful death claims for a minor child, allowing parents to sue for the “full value of the life” of the infant, including economic and non-economic losses. If parents are divorced or separated, both may have rights, but courts may determine primary claimants.
- OCGA § 51-4-5: Permits the estate’s administrator to file if no eligible family members exist, recovering damages like funeral expenses or medical costs.
- OCGA § 51-12-5.1: Allows punitive damages for egregious misconduct, such as a doctor’s reckless disregard during delivery.
Unlike adult wrongful death cases, infant cases focus heavily on non-economic damages, as infants typically have no income history. Proving the “full value of the life” requires skilled legal arguments, often supported by expert testimony on the infant’s potential and the parents’ emotional loss.
Who Can File an Infant Wrongful Death Lawsuit?
In Georgia, eligibility to file an infant wrongful death lawsuit is strictly defined:
- Parents: Under OCGA § 51-4-2, the infant’s mother and father have primary rights to sue, provided they were married or both acknowledged paternity. If one parent is deceased or uninvolved, the surviving parent may file alone.
- Estate Administrator: Per OCGA § 51-4-5, if no parents are available (e.g., both deceased), the estate’s administrator can file on behalf of the infant’s estate, recovering damages for the estate’s benefit.
- Guardians or Relatives: In rare cases, legal guardians may pursue claims if appointed by the court, but only if no parents or estate representative exists.
For unborn infants (e.g., stillbirth due to malpractice), Georgia allows claims under OCGA § 9-2-41 if the fetus was “quick” (capable of movement), typically after 20 weeks of gestation. These rules ensure only those with a direct legal relationship to the infant can seek justice, requiring careful documentation, especially in cases involving paternity disputes or complex family dynamics.
Pursuing an infant wrongful death lawsuit is about more than seeking compensation, it’s about holding the responsible parties accountable, finding closure, and helping prevent similar tragedies in the future. If you’re thinking about taking legal action, it’s important to speak with a knowledgeable and compassionate attorney who can guide you through your options. Contact our wrongful death lawyer today for a free, confidential case evaluation.
Types of Infant Wrongful Death Cases
Infant wrongful death lawsuits cover a range of scenarios, each requiring specific expertise:
- Medical Malpractice: Failure to diagnose maternal infections, improper delivery techniques, or delayed C-sections in Atlanta hospitals, proven with medical records and expert testimony (OCGA § 9-3-70 for medical negligence).
- Product Liability: Defective infant products, like unsafe cribs or contaminated formula, addressed under strict liability (OCGA § 51-1-11).
- Car Accidents: Collisions on I-75 injuring pregnant mothers or infants in car seats, caused by drunk or distracted drivers.
- Daycare Negligence: Inadequate supervision in Sandy Springs facilities leading to fatal injuries, such as choking or SIDS due to improper sleep practices.
- Premises Liability: Unsafe conditions in Savannah homes or public spaces, like unsecured furniture causing fatal falls, liable under OCGA § 51-3-1.
Each case demands tailored evidence, from autopsy reports to product testing, making specialized legal representation critical.
Damages in Infant Wrongful Death Lawsuits
Compensation in infant wrongful death lawsuits addresses both tangible and intangible losses, though calculating damages for an infant is uniquely challenging due to their lack of economic history. Available damages include:
- Economic Damages:
- Medical expenses for prenatal care, delivery, or infant treatment.
- Funeral and burial costs, typically $7,000–$15,000 in Georgia.
- Non-Economic Damages:
- The “full value of the life” of the infant (OCGA § 51-4-2), encompassing the parents’ loss of companionship, love, and future experiences.
- Emotional distress and grief, often valued through family testimonies and psychological evaluations.
- Punitive Damages: Awarded in cases of gross negligence, like a hospital’s systemic failure, to deter future misconduct (OCGA § 51-12-5.1).
Unlike adult cases, where lost wages are a major factor, infant cases rely heavily on non-economic damages, requiring an infant wrongful death lawyer to compellingly articulate the profound emotional impact. Firms like Wetherington Law Firm, with over $100 million in recoveries, excel at securing these damages through skilled advocacy.
The Role of a Lawyer in Infant Wrongful Death Lawsuits
An experienced Atlanta wrongful death lawyer is essential for navigating the legal and emotional complexities of an infant wrongful death lawsuit. Their key responsibilities include:
1. Investigating the Cause of Death
Lawyers meticulously gather evidence to identify liable parties, such as:
- Medical Records: Prenatal charts or delivery logs showing errors in a Buckhead hospital.
- Autopsy Reports: Detailing the cause of death, critical for malpractice or product liability cases.
- Witness Statements: Accounts from nurses, caregivers, or bystanders in a Decatur daycare incident.
- Product Testing: Analysis of defective cribs or car seats by engineers.
This evidence builds a compelling case, addressing defenses like natural causes or parental fault.
2. Proving Liability
Lawyers must prove negligence or intentional misconduct, establishing duty, breach, causation, and damages under OCGA § 51-4-1. They use:
- Medical Experts: To testify on delivery errors or missed diagnoses.
- Engineering Experts: To demonstrate product defects under OCGA § 51-1-11.
- Accident Reconstructionists: For car crashes on I-285, showing driver fault.
They counter defenses, ensuring the infant’s death is directly linked to the defendant’s actions.
3. Calculating and Pursuing Damages
Lawyers assess the full scope of losses, emphasizing non-economic damages like loss of companionship. They work with psychologists to quantify parental grief and economists to project funeral costs, pursuing maximum compensation through negotiation or litigation in courts like Fulton County Superior Court. You can also utilize our wrongful death settlement calculator to get an idea of what your settlement is worth after such a tragic loss.
4. Navigating Legal Deadlines
Georgia’s two-year statute of limitations (OCGA § 9-3-33) applies, with exceptions for minors or fraud (OCGA § 9-3-90, § 9-3-96). For medical malpractice, a five-year statute of repose (OCGA § 9-3-71) may limit claims, making prompt action critical. Lawyers ensure timely filings, preserving evidence like hospital records before they’re lost. Using a court deadline calculator ensures that you’re aware of Georgia’s statute of limitations for wrongful death cases and that your rights are protected under Georgia law.
5. Negotiating and Litigating
Most cases settle, but lawyers negotiate aggressively to avoid lowball offers, leveraging evidence to secure fair payouts. If needed, they litigate, presenting emotionally compelling cases, as our Georgia wrongful death attorney has, achieving over $100 million in recoveries, including a $12 million judgment. Their trial readiness ensures justice for grieving families.
Why You Need an Infant Wrongful Death Lawyer
Infant wrongful death lawsuits are among the most challenging personal injury cases, requiring:
- Emotional Sensitivity: Lawyers handle cases with compassion, supporting parents through grief, as seen in client reviews of Wetherington Law Firm.
- Legal Expertise: Navigating OCGA statutes and countering defenses like lack of causation or natural death.
- Evidence Preservation: Securing time-sensitive records, like delivery logs or product samples, before they’re destroyed.
- Maximizing Damages: Articulating the “full value of the life” for an infant, a skill honed by firms with significant verdicts.
- Meeting Deadlines: Filing within Georgia’s strict statutes to avoid dismissal.
Without a lawyer, families risk procedural errors, inadequate settlements, or failure to prove liability, undermining their pursuit of justice.
Qualities to Look for in an Infant Wrongful Death Lawyer
Choosing the right lawyer is critical for a successful outcome. Seek:
- Experience: A track record like Matt Wetherington’s $12 million judgment and specialization in wrongful death.
- Reputation: A “Superb” Avvo rating, Georgia Trial Lawyers Association membership, and strong client reviews.
- Contingency Fees: No upfront costs, with fees (25–40%) only if they win, as at Wetherington Law Firm.
- Trial Readiness: Experience in Fulton County courts for litigation if needed.
- Local Knowledge: Familiarity with Atlanta’s hospitals, daycares, and roads (I-75, Peachtree Street).
- Empathy: Compassionate communication during free consultations, prioritizing your emotional needs.
How to File an Infant Wrongful Death Lawsuit
Filing an infant wrongful death lawsuit is a deeply emotional and complex legal process. It typically involves several key steps, legal requirements, and strict deadlines. Here’s a clear breakdown of how to file such a claim:
1. Understand the Legal Basis for the Lawsuit
An infant wrongful death claim arises when a child dies due to the negligence, recklessness, or intentional act of another party. Common causes include:
- Medical malpractice (e.g., during childbirth)
- Defective products (e.g., unsafe cribs, toys, or formula)
- Car accidents
- Unsafe daycare or caregiver conduct
- Negligent supervision
To succeed in a claim, you must prove:
- A duty of care existed
- That duty was breached
- The breach directly caused the infant’s death
- Damages (emotional, financial, etc.) resulted from the death
2. Determine Who Can File the Lawsuit
Each state has its own laws, but typically the following people can file:
- Parents (biological or adoptive)
- Legal guardians
- In some cases, a court-appointed personal representative of the child’s estate
Check your state’s wrongful death statute to confirm eligibility.
3. Hire an Experienced Wrongful Death Attorney
Infant wrongful death cases often involve technical medical or product liability issues. A skilled wrongful death lawyer can:
- Investigate the cause of death
- Secure expert witnesses
- Handle filings and deadlines
- Maximize compensation for grief, medical bills, funeral costs, and lost companionship
4. Start the Legal Process
a. Investigation & Evidence Gathering
Your attorney will collect:
- Medical records
- Autopsy reports
- Photos/videos
- Witness statements
- Expert testimony
b. Filing the Complaint
The lawsuit officially begins when your attorney files a complaint in civil court. This document outlines:
- The facts of the case
- Legal claims (e.g., negligence, product liability)
- Parties being sued (e.g., hospital, manufacturer, driver)
c. Serving the Defendant
The defendant (e.g., doctor, company) must be legally notified through a formal service process.
5. Legal Proceedings: Discovery, Negotiation, and Trial
- Discovery: Both sides exchange evidence.
- Settlement Negotiations: Most cases settle before trial.
- Trial: If no settlement is reached, the case goes to court for a judge/jury decision.
6. Understand the Statute of Limitations
Each state has a time limit to file a wrongful death claim, often 1–3 years from the date of death. Some states offer exceptions for cases involving minors or medical malpractice.
Failing to file within this period can bar your claim permanently.
7. Recoverable Damages
Families may be entitled to compensation for:
- Funeral and burial costs
- Medical bills before death
- Pain and suffering
- Mental anguish and emotional trauma
- Loss of companionship or potential future income (varies by state)
Filing an infant wrongful death lawsuit is not just about compensation, it’s often about justice, closure, and preventing future harm. If you’re considering legal action, speak to a compassionate attorney as soon as possible to explore your options. Contact our wrongful death attorney today for free case evaluation.
Contact Georgia Wrongful Death Attorney for Your Infant Wrongful Death Case
Losing an infant is unimaginable, and pursuing justice can feel overwhelming. At Georgia Wrongful Death Attorney, our wrongful death lawyers, led by Matt Wetherington, bring unmatched expertise, securing over $100 million in settlements and verdicts, including a $12 million judgment. With a “Superb” Avvo rating and a contingency-based model, no fees unless we win, we serve families from Buckhead to Savannah and throughout Georgia. Contact us at (404) 888-4444 or fill out our online form for a free, confidential consultation to protect your rights and seek justice.