Representing Injury Victims in Georgia Since 1995
Wrongful Death Claims in Georgia
Georgia’s wrongful death law enables the family of the individual who has died to file a civil claim for “the full value of the life of the decedent.” This law defines wrongful death as “the death of a human being resulting from a crime, from criminal or other negligence, or from the property which has been defectively manufactured, whether or not as the result of negligence.”
Common examples of wrongful death claims stem from car accidents, the use of a defective product, such as a dangerous pharmaceutical product, medical malpractice, or a criminal attack. In all wrongful death cases, you can bring a civil claim against the wrongdoer regardless of whether he or she has been criminally charged or convicted. Your claim is taken up by a civil court in which you are seeking that damages be paid. Wrongful death claims generally must be filed within two years of the date of death. In criminal cases, you have two years from the date the criminal case is concluded to file the claim.
Damages in Wrongful Death Cases
In wrongful death cases, two types of damages may be available to be paid by the defendant. These include damages recovered for the surviving family and damages paid to the estate to compensate the decedent’s estate for the financial losses accrued due to the person’s death.
Surviving family damages can include:
- Loss of the income/wages or benefits that the decedent would have brought in
- Loss of the household services that the decedent would have provided
- Loss of companionship, care, consortium
- Mental and emotional anguish
Damages paid to the estate can include:
- Funeral and burial costs
- Medical expenses incurred prior to the death
- Property damage, such as from a car crash
- Pain and suffering experienced by the deceased person prior to death
Put a Respected & Experienced Law Firm in Your Corner
Those who can file a wrongful death claim can include:
- The surviving spouse of the deceased
- If no spouse, the surviving children
- If no children, the surviving parents
- If none of the above, the executor of the decedent’s estate
Where only an executor files a claim, the damages received are held in the estate for the decedent’s next of kin.
No one should have to suffer the emotional and financial losses of wrongful death. However, should such an event occur in your life, you can turn to our dedicated attorney who puts compassion, care, and invaluable legal proficiency on your side in seeking the justice you and your family deserve.
Call us to learn more about how we can help you at this critical time.
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