There is nothing more devastating than losing a loved one in an accident.
It is even more heartbreaking to lose a family member in an accident that should have been avoided.
Many innocent people die because drivers, property owners, or corporations fail to take proper safety precautions.
Through a wrongful death claim in Georgia, you can seek justice.
We know a legal claim will never make up for your loss. Accountability matters, and you need the most support possible.
At Georgia Auto Law, we advocate for many families in Georgia. If your loved one died from someone else’s carelessness, you need an wrongful death attorney.
We will fight for justice for you and your family.
Understanding the Georgia Wrongful Death Statute
Wrongful death claims must be filed under the appropriate state law. Georgia’s wrongful death statute (Ga. Code Ann § 51-4) provides legal rights and remedies to family members of victims killed by someone else’s carelessness.
Georgia’s wrongful death act is a complicated law. If you are pursuing a wrongful death claim in Georgia, you need legal support.
At Georgia Auto Law, our attorneys have years of experience with the state’s laws and claims process.
Wrongful Death Claims in Georgia: Frequently Asked Questions (FAQs)
Who Can File a Wrongful Death Claim in Georgia?
Unfortunately, not every loved one of the victim has the right to file a wrongful death lawsuit. Georgia’s wrongful death statute states that only immediate family members of the deceased have these rights. These rights are granted in a specific order. This means that certain parties will have the first right to bring a wrongful death claim:
- First, the spouse of the victim will have the right to file a wrongful death lawsuit;
- If there is no spouse or the spouse will not file, then the children of the deceased have the right to file the claim;
- Next, if there is no spouse and no children, the right goes to the parents of the deceased; and
- Finally, if there are no other parties, a personal representative of victim’s property can file the claim.
Understanding who can and should file a claim under Georgia law is a complicated issue. It is normal to be confused about your rights. Contact an Georgia wrongful death attorney if you have questions about your case.
What is the Statute of Limitations for a Wrongful Death Claim?
You only have a limited amount of time to file a wrongful death lawsuit in Georgia. The claim must be started within two years (730 days) of the date of the victim’s passing. If you don’t file the claim within two years, it will be dismissed.
Do not let this happen.
Consult an experienced Atlanta wrongful death attorney right away to protect your rights.
How Do You Prove Legal Liability in Georgia?
Most wrongful death lawsuits in Georgia are based on ‘fault’. You cannot hold someone else liable for a death unless you can prove that their negligence contributed to it.
All fatal accidents need an investigation from an Georgia wrongful death lawyer. Your lawyer will look at the circumstances, gather evidence, and build a strong legal case for you.
Wrongful death claims can involve a wide range of cases. Some of the most common examples include:
- Auto accidents;
- Commercial truck accidents;
- Motorcycle wrecks;
- Bicycle & pedestrian accidents;
- Medical malpractice cases;
- Nursing home abuse or neglect;
- Workplace accidents;
- Premises liability claims; and
- Defective product claims.
All cases must be investigated.
Unfortunately, large corporations and big insurance companies often try to deny liability. To win a wrongful death lawsuit in Georgia, you must present a strong legal case.
What Compensation Can Be Recovered Through a Georgia Wrongful Death Lawsuit?
Family members can get financial support for monetary losses and non-economic damages by filing a wrongful death claim.
Monetary losses include all out-of-pocket expenses. This means medical bills and funeral and burial costs. Monetary losses also include future economic damages, such as loss of insurance coverage. Non-economic damages include pain and suffering and loss of love and companionship.
Unfortunately, defendants often try to devalue wrongful death damages.
At Georgia Auto Law, our wrongful death attorneys help clients get justice.
We know that no amount of money can ever make up for your loss, but we also know that you need financial support.
Speak to a Lawyer Today
At Georgia Auto Law, our wrongful death lawyers advocate for justice.
If your loved one died in a tragic accident, we are here to provide support.
We want you to focus on yourself and your family while we handle the legal issues.
We represent clients throughout the state of Georgia.
To get a free consultation, contact us today.