Atlanta Wrongful Death Lawyer
No matter when the death of a loved one occurs, loss can be painful, and feelings of grief are normal. When a death occurs unexpectedly and as a result of a tragic accident, the loss can be more shocking and traumatic.
If you have suffered loss like this, it’s imperative you hire a skilled Atlanta wrongful death lawyer to represent you.
At DeMedeiros Injury Law, we understand that there is nothing as painful as losing a family member to a wrongful and neglectful act. We have helped many grieving family members like you negotiate wrongful death claims.
What Is a Wrongful Death Claim?
Georgia law defines wrongful death as a death of a person caused by reckless, negligent, intentional, or criminal acts of a person or entity. Basically, it’s a type of civil action that seeks to hold a negligent party responsible for the wrongful death of another.
These types of actions are very similar to personal injury actions, but for the fact that in a wrongful death claim, the victim is deceased.
The elements of a wrongful death claim mirror that of a personal injury action, and include duty, breach of duty, causation, and damages.
Who May File a Wrongful Death Action in Georgia?
Only certain parties may bring forth a wrongful death claim in Georgia. For example, friends of the decedent, romantic partners who are not married, and certain relatives cannot file a wrongful death claim.
Those who may pursue damages via a wrongful death action include:
- Spouse of the decedent
- Surviving children of the decedent
- Surviving parents of the decedent (if there is neither surviving spouse nor children)
- Personal representative of the decedent’s estate
Damages Recoverable in Georgia Wrongful Death Claims
Plaintiffs in a wrongful death action may recover damages for economic and noneconomic losses resulting from the decedent’s death.
Damages for medical and hospital expenses related to the injury, burial expenses, and the value of the decedent’s lost wages and loss of earning capacity are three of the most common types of economic damages recoverable.
Damages for loss of care and companionship and the value of pain and suffering experienced by the deceased are also recoverable.
Wrongful Death Georgia Statute of Limitations
The statute of limitations for wrongful death under Georgia law can be complicated. Wrongful death claims must be filed within two years of the date of death.
However, in some situations, if there is a criminal case that deals with the same events as the wrongful death claim, the two-year clock stops until the criminal case is resolved.
Also, some wrongful death cases in Georgia can last up to five years if the deceased person’s estate is not probated.
An Experienced Atlanta Wrongful Death Lawyer Can Help
Filing a wrongful death claim can be complicated both emotionally and legally. To guide you through the law and to ensure that your claim meets all requirements and is filed within the state’s statute of limitations, you need a skilled attorney on your side.
A wrongful death lawyer can also aid you in gathering evidence, organizing documentation, evaluating damages, and presenting your claim. Because settlements are often negotiated, it is critical to have a skilled negotiator on your side who understands what your loss is truly worth.
At DeMedeiros Injury Law, our experienced Atlanta wrongful death lawyer is also a skilled litigator, and a compassionate human who empathizes with you. Schedule a free, no-obligation consultation today. We are here for you.