Georgia Wrongful Death Attorneys

Understanding Wrongful Death Claims

Wrongful death claims fall under the umbrella of personal injury law, however not every personal injury lawyer is equipped to deal with the complexities of these cases. In fact, you should only trust experienced wrongful death trial attorneys such as our own who have successfully dealt with these claims before. We understand the loss of your loved one means more than just a quick settlement, and impacts the rest of you and your family’s life.

A wrongful death claim is pursued when the negligence or inaction of another results in an untimely and unnatural death of a victim. Wrongful death claims are filed to provide the victim’s family with financial compensation and penalize the at-fault party. These claims do not result in criminal charges of any kind against the responsible party, but can be filed in conjunction with a criminal lawsuit.

Georgia’s Wrongful Death Act

The 5 code sections of Georgia’s Wrongful Death Act specify the grounds for making a wrongful death claim. In this statute, a wrongful death is defined as a “homicide” that was the result of a crime, negligence, or a defective product. Our Southside injury attorneys have experience in handling wrongful death cases such as:

• Car accidents
• Truck accidents
• Medical malpractice
• Birth injuries
• Workplace injuries
• Defective products, machinery, or pharmaceuticals

Compensation Recovered for Wrongful Death Claims

Compensation for the full value of life in georgia

Georgia’s Wrongful Death Act establishes that the family of the person who died can make a claim for the full value of the life of the decedent. O.C.G.A. 51-4-2. This is measured from the descendant’s point of view and can be broken down into two categories that damages can be received for.

Tangible includes the money, benefits, services, and the value that the descendant earned from their job. Survivors can get compensation for:

• Net income left for survivors
• Future lost earnings
• Funeral costs
• Medical costs
• Future loss of benefits and services
• Punitive damages that punish the responsible party if their actions were reckless

Intangible includes the relationships, support, and companionship that the victim had in their life. Survivors can get compensation for their own:

• Pain
• Suffering
• Loss of guidance
• Loss of companionship
• Conscious pain and suffering if the victim was aware of impending death

Wrongful Death FAQ

Who can file a wrongful death claim in Georgia?

Spouses, children of age, parents, or representatives are entitled to file a claim. O.C.G.A. 51-4-2.

What kind of claim can I make in a wrongful death case?

Wrongful Death Claim: A family who brings forward a wrongful death claim on behalf of the descendant will try for the “full value of the life of the decedent, as shown by the evidence”. O.C.G.A. 51-4-1 This is the intangible and financial values of one’s life such as lost wages and benefits or the loss of love and companionship.

Estate Claim: This claim is brought forward by the deceased person’s estate to try for all financial losses related to the untimely death of their loved one. This includes medical, funeral, and pain and suffering costs.

How long do I have to file a wrongful death claim in Georgia?

The Georgia Statute of limitations allows representatives 2 years after the date of the death to file a wrongful death claim.

We’re here to help. Our team of expert attorneys is here to help you and your family during difficult times. We have the experience, resources, and diligence to take your case to trial if necessary to ensure you are served rightfully. Nothing can ever replace a loved one, so we aim to relieve the financial and legal burdens to allow you and your family to properly grieve and heal.