A lawyer who handles a claim after someone dies from another party’s wrongful act is usually called a wrongful death lawyer or wrongful death attorney. “Death lawyer” is an informal phrase, not a legal title.

If you’re asking “What is a death lawyer called?”, you may be grieving or looking into this for someone you love. That’s a hard place to start. This guide explains the terms in plain language.

The Short Answer: ‘Death Lawyer’ Is Not a Formal Title

“Death lawyer” is an informal phrase, not a legal title or practice designation. People use it loosely, so it can mean different things to different people.

The usual terms are wrongful death lawyer and wrongful death attorney. Both describe a lawyer who may bring a claim when a death is caused by another party’s negligent or wrongful act. Slam Dunk Attorney, based in Duluth, Georgia, lists wrongful death among its practice areas.

Some people use “death lawyer” to mean a probate lawyer or an estate attorney. Those roles are different, and the difference matters when you choose whom to ask for help.

The label matters less than the facts. The right lawyer depends on what happened and what question you need answered. It’s understandable to feel unsure about terms during a loss. You don’t need to get the words right first.

Wrongful Death Lawyer vs. Probate Lawyer or Estate Lawyer

A wrongful death lawyer works on a civil claim. A probate or estate lawyer works on how a person’s will and property are handled after death.

Probate is the court process for handling a person’s will and assets after death. Estate work covers similar tasks. The terms “probate lawyer” and “estate attorney” are often used for the same kind of work.

A wrongful death claim is a separate matter. It is a civil claim that may arise when a death is caused by another party’s negligent or wrongful act. Whether a claim exists depends on the facts.

Estate administration is not one of Slam Dunk Attorney’s practice areas. Questions about a will or estate accounts fall outside the practice areas covered on this page.

Both kinds of matters can happen at the same time. How they interact depends on the facts and on Georgia law. A lawyer can look at your specific situation.

What a Wrongful Death Lawyer Typically Handles

A wrongful death lawyer typically handles claims that follow a death caused by another party’s wrongful act or negligence. The events behind these claims vary widely.

A death may follow a car, truck, motorcycle, or pedestrian accident. It may also follow a dog bite, an unsafe property condition, a slip and fall, negligent security, or abuse in a nursing home. Each situation turns on its own facts. A general article can’t say whether any of them leads to a claim.

A lawyer may help a family understand the legal process. That can include who may be involved and what paperwork may come up. Explaining the process is not a promise of any result.

Georgia law also addresses certain expenses. Georgia law addresses whether a personal representative may recover funeral, medical, and other necessary expenses when death results from a crime or from criminal or other negligence, but whether that applies depends on the facts of each case, and exceptions may apply. How that applies to your family depends on the facts.

The value of any claim depends entirely on the facts of each case. This page doesn’t estimate value, and no one can predict it from general information.

Who May Bring a Wrongful Death Claim in Georgia

For a spouse or parent, Georgia’s statute gives the right to sue to the surviving spouse. If there is no surviving spouse, a child or children may bring the claim.

Child deaths follow a different path. So the spouse-or-parent rule doesn’t cover every family.

An administrator or executor is the person who handles the estate.

Exceptions may apply. Whether a particular person may sue depends on the family, the facts, and Georgia law. Talk with a lawyer about your own situation.

Filing deadlines also apply to these claims. Exceptions may apply to them too, and how a deadline works depends on the facts. Ask a lawyer about your timing rather than relying on a general rule.

When Probate Court and Estate Questions Come Up

Probate may come up when a person’s property must be handled through the court after death. Whether it’s needed depends on how property was held and whether there is a will.

Roles such as beneficiary or executor are generally shaped by a will and by Georgia law. The answer depends on the facts of each estate. The stages of probate and the court’s role can vary. Don’t assume a general description fits your case.

Probate questions are outside this firm’s practice areas. Estate matters are outside the practice areas covered on this page.

A wrongful death claim and estate questions can run side by side. Georgia law generally allows a tort action for homicide or injury to the person to continue after a party dies, but how that applies depends on the facts of each case and exceptions may apply. To discuss your own situation, contact this firm for a free initial consultation, which is confidential and without obligation to continue. In some cases, the claim may pass to a personal representative. Exceptions exist, and the result depends on the facts.

Questions to Bring to a Lawyer and Next Steps

If you have questions about whether your situation falls within the matters Slam Dunk Attorney handles, you can contact the firm for a free, confidential initial consultation, with no obligation to continue. Ask how fees are explained and how deadlines and exceptions may apply to your facts.

Fees are explained in a written fee agreement. Read it carefully and ask questions before you sign.

Slam Dunk Attorney offers a free first consultation. It is confidential and comes with no obligation to continue.

What is a death lawyer called?

“Death lawyer” is informal. The usual terms are wrongful death lawyer or wrongful death attorney.

Is a probate lawyer the same as a wrongful death attorney?

No. Probate handles an estate through the court, while a wrongful death claim is a civil claim. Which applies depends on the facts.

Who may bring a wrongful death claim in Georgia?

Under Georgia’s statute, a surviving spouse may bring the claim, or a child or children if there’s no spouse. Exceptions may apply, so ask a lawyer.

Can a claim pass to a personal representative?

Georgia law generally says certain tort claims don’t end at death. Exceptions exist, and it depends on your facts.

For more on Georgia wrongful death claims, read our Georgia wrongful death guide.

If you’re trying to make sense of a loss while handling its questions, our team can talk through your situation in a free, confidential first consultation. You can contact us to start that conversation.

This page is general information, not legal advice. Peter F. Jaraysi is the responsible lawyer for Slam Dunk Attorney in Duluth, Georgia. Contact details are on our contact page.