TL;DR:
When comparing wrongful death attorneys in Georgia by their past settlements, look beyond the final dollar amount. Focus on cases similar to yours, as a medical malpractice settlement differs greatly from a truck accident case. Ask attorneys for details about the case complexity, the insurance limits involved, and the specific legal challenges they overcame. Verify their track record through client reviews and peer-reviewed legal directories. Use settlement history as one key factor alongside their trial experience, communication style, and resources, as this provides a more complete picture of their ability to handle your claim effectively.
Losing a loved one due to someone else’s negligence is a profound and difficult experience. In Georgia, families have the right to seek justice through a wrongful death claim. These legal actions are governed by the Georgia Wrongful Death Act, which allows specific family members to recover the “full value of the life of the decedent.” This unique legal standard includes both the tangible economic losses, like lost future income, and the intangible value, such as the loss of companionship and care.
Because the calculation of damages is so specific, the financial outcomes of these cases can vary significantly. This leads many families to a logical starting point: comparing attorneys based on their history of securing large settlements. While this is a valid piece of the puzzle, understanding how to interpret those numbers is critical. A multi-million dollar result on a website tells you an attorney can achieve success, but it doesn’t tell you if they are the right attorney for your specific situation. A proper evaluation requires a deeper look into the context behind those figures.
Understanding What Settlement Numbers Really Mean
The large, bold numbers on an attorney’s website are designed to catch your attention, but they rarely tell the whole story. A settlement is not a simple prize; it is the result of a complex negotiation shaped by dozens of legal and factual variables. To make an informed decision, you must first understand what these figures represent and what they leave out.
The Difference Between a Settlement and a Verdict
It is important to distinguish between a settlement and a court verdict. They are two different paths to resolving a case, and an attorney’s skill in both areas is vital.
- Settlement: A settlement is a private agreement reached between the parties, usually the victim’s family and the defendant’s insurance company. The defendant does not admit fault, but agrees to pay a certain amount to close the case. The vast majority of wrongful death claims are resolved this way.
- Verdict: A verdict is a decision made by a judge or jury after a full trial. The jury determines who is at fault and how much compensation is owed. Verdicts are public record, but they can be appealed, leading to a much longer process.
An attorney who consistently secures strong settlements demonstrates excellent negotiation skills. However, their ability to achieve those settlements is often directly tied to their reputation as a trial lawyer. Insurance companies know which attorneys are afraid to go to court and which ones have a history of winning large verdicts. They will offer much higher settlements to attorneys they know are fully prepared to win at trial.
Factors That Influence Settlement Amounts
A settlement amount is not arbitrary. It is a calculated figure based on several key factors that can limit or expand the potential recovery.
- Insurance Policy Limits: This is often the most significant factor. If the at-fault party only has a $100,000 insurance policy, it is nearly impossible to recover more than that amount, regardless of the case’s true value. An experienced attorney will investigate all possible sources of coverage, including umbrella policies or other liable parties.
- Georgia’s Comparative Negligence Rule: Georgia follows a modified comparative negligence rule (O.C.G.A. § 51-12-33). This means if the deceased person was found to be partially at fault for the incident, the family’s recovery will be reduced by that percentage. If the deceased is found to be 50% or more at fault, the family cannot recover anything.
- The Decedent’s Profile: The “full value of the life” calculation heavily depends on the deceased person’s age, health, and earning capacity. The wrongful death of a 35-year-old doctor with three young children will have a different economic valuation than that of an 80-year-old retiree.
- Strength of Evidence: The amount of clear evidence proving the other party’s negligence directly impacts the settlement offer. Cases with clear video evidence or multiple credible witnesses often result in higher, faster settlements.
Why Confidentiality Agreements Hide the Full Picture
Many of the largest settlements are subject to confidentiality agreements. This means the attorney and the family agree not to disclose the amount or the details of the case. While the attorney can say they secured a “multi-million dollar settlement,” they may be legally barred from providing the exact number or the defendant’s name. This means the most impressive results an attorney has achieved might not be the ones they can advertise in detail.
Where to Find Reliable Information on Past Settlements
Finding verifiable information requires looking beyond marketing headlines. A combination of sources will give you a more accurate assessment of an attorney’s experience and success rate. Using these resources allows you to cross-reference claims and build a more complete profile of each candidate.
The Attorney’s Own Website (with a Grain of Salt)
An attorney’s website is the most common place to start. It is a marketing tool, so the information is presented in the best possible light. However, you can still gather valuable intelligence here.
- Look for Case Details: Pay less attention to the headline number and more to the case description. A result that says, “$1.5 Million Wrongful Death Settlement” is less useful than one that says, “$1.5 Million Settlement for a family in a case involving a commercial truck running a red light in Atlanta.” The latter provides context about the type of case and the location.
- Identify Case Types: Does the attorney’s results page show a pattern? If you are dealing with a medical malpractice case, you should look for an attorney who has a list of successful medical malpractice settlements, not just car accident cases.
- Check for Recency: Are the highlighted results from the last few years, or are they from a decade ago? A recent track record shows the attorney is still actively and successfully handling these types of cases.
Legal Directories and Peer Review Sites
Independent, third-party websites can offer a less biased view of an attorney’s reputation and accomplishments. These platforms often rely on reviews from other lawyers and past clients.
- Avvo: This site provides ratings based on an attorney’s public record, experience, and any disciplinary actions from the State Bar of Georgia. It also features client reviews and peer endorsements.
- Super Lawyers: This is a rating service that selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Being named a “Super Lawyer” is a significant indicator of respect within the legal community.
- Martindale-Hubbell: One of the oldest legal directories, it provides “AV Preeminent” ratings, which are the highest possible peer review rating for professional excellence and ethical standards.
Public Court Records and News Archives
While settlements are private, trial verdicts are public. You can search court records in the county where the incident occurred (e.g., Fulton County or DeKalb County) for an attorney’s name to see their trial history. Furthermore, very large or high-profile wrongful death cases are often reported by local news outlets like the Atlanta Journal-Constitution or local television news stations. A quick online search for the attorney’s name plus “wrongful death verdict” might reveal news articles that confirm their results.
How to Analyze an Attorney’s Settlement History for Your Specific Case
Once you have gathered information, the next step is to analyze it in the context of your own situation. The goal is not to find the attorney with the single biggest number, but the one with the most relevant and consistent success in cases like yours. This focused approach ensures you are evaluating their skills, not just their marketing.
Look for Apples-to-Apples Comparisons
This is the most important part of the analysis. Wrongful death law is not one-size-fits-all. The evidence, legal arguments, and expert witnesses required for different types of cases vary dramatically.
- Scenario Example: An attorney who secured a $5 million settlement for a wrongful death caused by a defective product has proven they can take on a large corporation. This requires deep knowledge of product liability law and the resources to hire engineers and manufacturing experts. However, those skills may not be as relevant to a wrongful death case caused by a negligent doctor, which requires a deep understanding of medical standards of care and a network of medical experts.
When reviewing an attorney’s case history, categorize their results. Group them by:
- Motor Vehicle Accidents (cars, trucks, motorcycles)
- Medical Malpractice (surgical errors, misdiagnosis)
- Premises Liability (negligent security, slip and falls)
- Workplace Accidents
Choose an attorney who demonstrates a strong track record in the specific category that matches your case.
Evaluate Consistency Over a Single “Unicorn” Result
Be cautious of a law firm that heavily promotes one massive settlement from many years ago but shows little else. While that one result is impressive, it might be an outlier. A more reliable indicator of skill is a firm that shows a consistent history of securing substantial six- and seven-figure settlements across many cases over the last several years. This consistency suggests a proven process, a skilled team, and a deep understanding of how to value and negotiate these complex claims time and time again.
Consider the Firm’s Resources
Wrongful death litigation is expensive. The costs for hiring medical experts, accident reconstructionists, economists, and other specialists can easily run into the tens or even hundreds of thousands of dollars. These costs are typically advanced by the law firm and are only repaid if they win the case.
An attorney’s history of handling and winning large, complex cases is direct evidence that their firm has the financial resources to fight insurance companies and corporate defendants. A smaller firm or solo practitioner may not have the capital to front the costs for a multi-year legal battle. A large settlement against a major trucking company or hospital system proves the firm can go the distance.
Key Questions to Ask an Attorney About Their Past Settlements
Your initial consultation is your opportunity to dig deeper than the website headlines. This is where you can ask direct questions to understand the context behind the numbers. A transparent and confident attorney will be happy to discuss their experience in detail.
Use this meeting to interview the attorney. Here are some critical questions to ask:
- “Can you describe a wrongful death case you handled that had facts similar to ours?” This forces them to move beyond generic claims and speak to relevant experience. Listen for details about the legal strategy they used.
- “What were the biggest challenges in that case, and how did your firm overcome them?” Their answer will reveal their problem-solving skills. Did they have to fight over disputed liability? Did they have to find extra insurance coverage?
- “What percentage of your wrongful death cases settle before trial versus going to a verdict?” This helps you understand their approach. An ideal answer shows a balance. They should have a high rate of successful settlements but also be unafraid to go to trial when the insurance company’s offer is too low.
- “In some of your past cases, were there factors like low insurance limits that capped the potential recovery?” An honest attorney will admit that some cases are limited by factors beyond their control. This question tests their transparency.
- “Can you give me an example of the types of expert witnesses you hired in a previous case?” This shows how thoroughly they prepare. In a trucking accident case, they should mention accident reconstructionists and experts on federal trucking regulations. In a medical case, they should talk about specialists in the relevant field of medicine.
The quality of their answers to these questions will tell you far more than a number on a webpage.
Beyond the Numbers: Other Crucial Factors for Choosing a Georgia Wrongful Death Lawyer
A strong settlement history is a vital credential, but it should not be the only one you consider. The attorney-client relationship in a wrongful death case is intensely personal. You will be working with this person for months or even years during a very emotional time. You need a partner, not just a litigator.
Trial Experience Matters (Even if You Want to Settle)
As mentioned earlier, an attorney’s willingness and ability to go to trial is their biggest bargaining chip. Insurance companies use sophisticated software to analyze attorneys. They know which lawyers always settle for a lower amount to avoid court and which ones have a track record of winning large jury verdicts. The credible threat of a trial is what forces an insurer to offer the full and fair value of a claim. Always choose an attorney who is, first and foremost, a trial lawyer.
Client Testimonials and Communication Style
Look for reviews and testimonials from past clients. Do they talk only about the money, or do they mention how the attorney and their staff treated them?
- Communication: Did the law firm provide regular updates? Did the clients feel heard and respected?
- Compassion: Did the attorney show empathy for what the family was going through?
- Clarity: Did the legal team explain the process in a way the family could understand?
During your consultation, pay attention to your own feelings. Does the attorney listen to you? Do they answer your questions directly without using confusing legal jargon? You must feel comfortable with the person who will be telling your loved one’s story.
Fee Structure and Case Costs
Nearly all wrongful death attorneys in Georgia work on a contingency fee basis. This means they do not charge any upfront fees. They are paid a percentage of the settlement or verdict they obtain for you. The standard fee is typically between 33.3% and 40%.
Be sure to ask for a clear explanation of how case expenses are handled. These are the costs of litigation mentioned earlier (expert fees, court filing fees, deposition costs). Most firms advance these costs and then deduct them from the total settlement amount before the attorney’s fee is calculated. Ask for a copy of their fee agreement and review it carefully. A reputable attorney will be completely transparent about their fees and costs.
Red Flags to Watch for When Evaluating Settlement Claims
As you conduct your research, be aware of certain red flags that may indicate an attorney is more focused on marketing than on providing excellent legal representation. A savvy client knows what to look for and what to avoid.
Vague or Unverifiable Claims
Be skeptical of attorneys who make broad, sweeping claims without any supporting detail. Phrases like “millions recovered for our clients” or “record-breaking results” are meaningless without context. A trustworthy attorney will provide specific examples of case types and outcomes, even if some details are redacted for confidentiality. If their results seem too good to be true or lack any form of verification, proceed with caution.
Guarantees of a Specific Outcome
This is one of the biggest red flags. The Georgia Rules of Professional Conduct, which govern all lawyers in the state, prohibit an attorney from guaranteeing the outcome of a case. The legal system is unpredictable, and no honest lawyer can promise you a specific settlement amount. An attorney who says, “I can definitely get you a million dollars for this case,” is not only being unethical but is also misleading you.
High-Pressure Tactics
The decision to hire an attorney for a wrongful death claim is a serious one that should not be rushed. Be wary of any lawyer who pressures you to sign a contract during the first meeting. A good attorney will encourage you to take your time, talk with your family, and feel completely comfortable with your choice. High-pressure sales tactics are a sign that the attorney may not have your best interests at heart. They should be focused on providing you with information and support, not on closing a deal.
Conclusion
Comparing wrongful death attorneys based on past settlements is a logical and important step in finding the right legal representation for your family in Georgia. However, the key is to treat those settlement figures as a starting point for a much deeper investigation. A large number proves capability, but it does not guarantee suitability for your unique and personal case.
To make the best choice, you must look behind the numbers. Analyze the context of each settlement, focusing on cases with circumstances similar to your own. Use your consultations to ask specific, probing questions about an attorney’s strategies, challenges, and results. Balance their settlement history with their trial experience, their communication style, and the resources of their firm. By taking this thorough and methodical approach, you can find a skilled and compassionate advocate who can help your family seek justice and honor the full value of the life you have lost. Your next step should be to identify two or three attorneys who appear to be a good fit and schedule free consultations to begin this important conversation. Contact us for free consultation today.