Nursing Home Wrongful Death | Atlanta and Georgia
When a Loved One Dies in a Nursing Home, Families Deserve Answers
Slam Dunk Attorney represents families in Atlanta, Duluth, and across Georgia when a resident's death may be linked to neglect or abuse at a long-term care facility. Your first consultation is free, confidential, and carries no obligation to continue.
By Peter F. Jaraysi · Published October 27, 2026
If your loved one died after neglect in a nursing home, your family may have a wrongful death claim under Georgia law. This page explains what that claim is, who can bring it, what it can cover, and what happens after you reach out. Slam Dunk Attorney is based in Duluth, Georgia, and represents families across metro Atlanta. If you are looking for an Atlanta nursing home wrongful death claims lawyer, this guide covers the basics you need to decide your next step.
What a Nursing Home Neglect Wrongful Death Claim Is
A nursing home neglect wrongful death claim is a legal claim a family brings after a resident dies because a facility or caregiver failed to give reasonable care. Neglect means failing to provide care a resident needs. Abuse means intentional harm. Both can appear in the same case.
Georgia law says each resident must receive care that is adequate and appropriate, given with reasonable care and skill (O.C.G.A. § 31-8-108). When a facility falls short of that standard, the harm may lead to a claim.
This page is for families of a loved one who died in a nursing home, memory care unit, or assisted living setting. The setting can be in metro Atlanta or elsewhere in Georgia. Spouses and children are the family members the wrongful death statute names first.
A wrongful death claim is different from the resident’s own injury claim. Georgia law says an action for injury to the person does not end when either party dies. If no other person holds the right, it passes to the personal representative of the deceased (O.C.G.A. § 9-2-41).
If your loved one died after neglect in a Georgia nursing home, our team can talk through your family's options in a free, confidential consultation. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Neglect Situations That Lead to These Claims
Most neglect cases involve harm that was preventable but went unnoticed or untreated. Common examples include:
- Pressure ulcers (bedsores) that worsen without treatment
- Dehydration and malnutrition
- Falls that could have been prevented
- Medication errors
- Infections, such as sepsis or pneumonia, left untreated
- Failure to respond when a resident’s condition changes
Understaffing, untrained aides, and weak supervision also cause harm. Families often notice warning signs first. Watch for unexplained weight loss, new wounds, sudden changes in alertness, or a hospital visit soon after a facility stay. Georgia’s Department of Community Health explains how to raise concerns about resident care (Georgia Department of Community Health).
Keep medical records, discharge papers, photos, and messages with the facility. Residents and their guardians have a right to inspect and copy medical records (O.C.G.A. § 31-8-108). O.C.G.A. § 31-8-108 reads: “Each resident shall have access to all information in the medical records of the resident and shall be permitted to inspect and receive a copy of such records unless medically contraindicated.” Contact us early so evidence can be requested and kept.
Who Can File and What Georgia Law Requires
In Georgia, the surviving spouse can bring a wrongful death claim. If there is no surviving spouse, the children can bring it.
The amount is the full value of the decedent’s life, as shown by the evidence (O.C.G.A. § 51-4-2).
If no one is entitled to bring the action, the estate’s administrator or executor may bring it for the next of kin (O.C.G.A. § 51-4-5).
Georgia’s general deadline for actions for injuries to the person is two years after the right of action accrues (O.C.G.A. § 9-3-33). Deadlines keep running while a family grieves. Families should not assume there is plenty of time.
What a Claim Can Cover
A claim can seek the family’s financial losses and the value of the life lost. Each category has its own rules.
- Funeral, medical, and other necessary expenses. When death results from a crime or from criminal or other negligence, the personal representative may recover these costs (O.C.G.A. § 51-4-5).
- Medical bills. Medical expenses are limited to the reasonable value of medically necessary care (O.C.G.A. § 51-12-1.1).
- Special and general damages. Special damages actually flow from the wrong and must be proved. General damages are presumed and need no proof of amount (O.C.G.A. § 51-12-2).
- A spouse’s share. A surviving spouse receives no less than one-third of a wrongful death recovery (O.C.G.A. § 51-4-2).
Punitive damages are different. The conduct must show willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences (O.C.G.A. § 51-12-5.1). Punitive damages punish and deter. They are not compensation.
The trier of fact sets the amount in light of the circumstances of the case to deter, penalize, or punish the defendant; punitive damages are not compensation to the plaintiff. Under Georgia law, punitive damages in tort actions not covered by subsection (e) or (f) are limited to a maximum of $250,000. The limit does not cover every case, because subsections (e) and (f) of O.C.G.A. § 51-12-5.1 contain separate exceptions.
How the Process Works and What to Expect
The process moves from a first conversation to records, evaluation, filing, and resolution. Timelines vary from case to case.
- First consultation. You share the timeline of care and any papers you have. The first step is a conversation, not a commitment.
- Records review. We request the medical, nursing, and facility records. These show what care was given and what was missed.
- Evaluation. You and our team discuss whether a claim is viable under Georgia law and what steps would follow.
- Filing and discovery. If a claim goes forward, it is filed in court. The other side responds, and both sides exchange information.
- Resolution. Many cases resolve through negotiation. Others move toward trial. You make decisions with us at each stage.
Why Families Work With Slam Dunk Attorney
Slam Dunk Attorney is based in Duluth, Georgia. We handle nursing home abuse, wrongful death, and catastrophic injury matters across Georgia. We serve clients in Atlanta, Lawrenceville, Johns Creek, Alpharetta, Marietta, Norcross, Kennesaw, and Dunwoody.
Peter F. Jaraysi is the responsible lawyer for this page. Brian D. Wright is also one of the firm’s lawyers. Our team includes assistants and office staff who help move each matter forward.
Our catastrophic injury work covers spinal cord injury, traumatic brain injury, amputation, and severe burns. We explain each step in plain language, so you know what is happening and why.
Families searching for an Atlanta nursing home wrongful death claims lawyer can start with a conversation about their situation.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Frequently Asked Questions
Can I sue a nursing home if my loved one died?
Georgia law allows a claim against a long-term care facility that violates a resident’s rights (O.C.G.A. § 31-8-126). Whether a wrongful death claim is possible depends on the facts.
How long do I have to file?
Georgia’s general deadline for injury claims is two years after the right of action accrues (O.C.G.A. § 9-3-33). Acting early helps protect evidence and time.
Who shares in a recovery?
A surviving spouse receives no less than one-third of a wrongful death recovery (O.C.G.A. § 51-4-2). Children share the rest under the statute’s rules.
Do I have to pay for the first consultation?
The first consultation is free, confidential, and carries no obligation to continue. If a case moves forward, the client may still be responsible for court costs and case expenses.
Do I need medical records before I call?
No. Start with what you have, such as discharge papers or messages. We can help request the rest.
If your family is weighing whether a facility’s care played a part in your loss, reach out to Slam Dunk Attorney through our contact page. We can help you understand your options and the next steps.
Disclaimer: This page gives general information, not legal advice. Responsible lawyer: Peter F. Jaraysi, Slam Dunk Attorney, Duluth, Georgia. Contact us through our contact page.
How Our Firm Approaches These Cases
Careful Review of the Records
We look closely at medical charts, facility notes, staffing and incident reports, and care plans to understand what happened before and after your loved one's death.
Families Kept Informed
Our team explains each step in plain language and keeps you updated, so you always know where your family's case stands.
Respect for Your Family's Loss
We understand that grief comes first. We handle the legal work so you can focus on your loved one and your family.
Clear Information About Fees and Costs
Our lawyers may handle a case with no fees unless there is a recovery. Clients may still be responsible for court costs and case expenses, and we explain these before you decide to move forward.
Preserve What You Can Now
Keep copies of admission papers, care plans, bills, photos, and any messages from the facility. Write down the names of staff you spoke with and the dates of key events. Ask a lawyer to review the timing of your claim as early as you can.
Situations We Hear About from Families
Neglect and Preventable Harm
Bedsores, dehydration, malnutrition, falls, or medication errors that were not addressed by the facility.
Abuse by Staff or Others
Physical, emotional, or sexual abuse, or unexplained injuries that a family believes were not properly investigated.
Understaffing and Poor Supervision
Care that did not match a resident's needs, leaving a vulnerable adult without the monitoring they required.
Unexpected Decline or Death
A sudden change in health or a death that the family believes could have been prevented with proper care.