Helping You Understand Wrongful Death Lawsuits In Georgia

Families who have tragically lost a loved one in a motor vehicle accident, construction site accident or other serious accident often wonder what, if any, options they have to seek justice.

Known as a wrongful death lawsuit, the state of Georgia allows family members to recover compensation in a civil suit for damages relating to the loss of their loved one. However, the law is specific when it comes to the who, what, when, and how of filing a lawsuit.

Top 4 Answers To Commonly Asked Questions About Wrongful Death Lawsuits In Georgia

1. What Needs To Be Proven?

Similar to a personal injury case, the elements of negligence need to be proven. In general, a person has a duty of care to another, fails to act reasonably, and such failure results in death. A common example involves a driver operating a vehicle while under the influence and causes an accident that kills a passenger in another vehicle.

2. Who Can File?

The law allows only specific family members who have lost loved ones to file a wrongful death lawsuit. Depending on the circumstances, Georgia allows the spouse of the deceased, the surviving children (if there was no spouse) of the deceased, the surviving parents of the deceased, or the personal representative of the deceased's estate.

3. What Can Loved Ones Recover?

Eligible family members can recover different types of damages in a wrongful death lawsuit. Generally, the first set of damages is recoverable on behalf of the deceased and includes medical and related expenses, as well as pain and suffering of the deceased prior to passing, and funeral and burial expenses. The second set of damages are to compensate the family for loss of the "full value of the life of the decedent as shown by the evidence" and includes compensation for loss of wages or benefits the deceased provided or would have provided and loss of companionship.

4. What Is The Timeframe To File A Lawsuit?

Georgia has a strict timeframe in which eligible family members can file a wrongful death lawsuit. Parties must file a case within two years of the death. However, the law allows this timeframe to be extended if certain circumstances are present.

Schedule An Appointment With Us To Discuss Your Specific Situation

If you have lost a loved one in an auto accident or other incident and have questions about your specific circumstance, we invite you to call our office in Marietta, Georgia, to schedule a consult with an attorney to talk in detail with one of our experienced lawyers at Law Office of Gregory Chancy.

Call 770-628-1204 today. Free consultations. Saturday appointments available.