Atlanta Wrongful Death Attorney

Wrongful death claims usually arise after a severe accident occurred. This includes any car and motorcycle accidents due to recklessness, negligence, or DUI. Also dog bites, slip and fall, abuse or negligence, medical malpractice, etc.

For wrongful death claims, an at-fault party may be organizations, individuals, and government entities. We are truly sorry for your loss and want you to know that you will get our support to ensure justice.

In the state of Georgia, you have two years to file a claim for a wrongful death. Sometimes, but not often, time frames can be adjusted in different situations. Also, some evidence might disappear after time passes, so we advise you not to wait two years. The earlier the better to contact us. 

Depending on the family unit, the right to file a claim may be spouses, children, parents and siblings.

Death cases resulting from wrongful conduct are very serious under Georgia law. People and entities that cause the death of a person must compensate his or her family for the “full value of the life” of the deceased person. A person’s perspective on the “full value of a life” is crucial for determining the value of the life. It is simply a question of what “value” the deceased placed on their own lives.

According to Georgia wrongful death law, the “full value of the life” is divided into two parts. A life’s “intangible” value is the first and most important part. Time spent with family, friends, or hobbies that the deceased person (also known as the “decedent”) liked—such as playing sports, hiking, working on cars, sewing, or other hobbies—is included in this calculation. A life’s intangible value includes the experiences that most of us have the opportunity to have, such as creating lifelong friendships, falling in love, graduating from high school, getting a first job, asking for or being asked for marriage, having children, getting promoted, watching them grow up, and having grandchildren. According to Georgia’s wrongful death law, a person’s lost experiences are included in the “full value” of life if they died before experiencing them.

Another aspect of a life’s “full value” is its economics. As well as the economic value of services performed by the deceased, such as mowing the lawn or washing dishes, this figure includes the money that the deceased could have earned, less deductions for taxes and expenses. An expert economist can be hired by the law firm handling a wrongful death case to calculate how much money the deceased would have earned in the remainder of his or her life, and to estimate how much value the deceased would have added to society.

As well as bringing a wrongful death claim, a deceased’s family usually also brings an “estate” claim when the deceased died as a result of another’s fault. Unlike wrongful death claims, estate claims have different compensation available than wrongful death claims. The wrongful death claim seeks “the full value of the deceased’s life,” whereas the estate claim seeks compensation for pain and suffering, medical expenses, funeral expenses, and other damages suffered by the deceased.

In most cases, the answer is two years. This is because wrongful death cases usually fall under the “statute of limitation” for personal injury. See O.C.G.A. § 9-3-33.

A shorter or longer deadline may be applicable based on the facts of the case. A special, additional, earlier deadline may apply if the deceased died as a result of something that a government entity did wrong, for instance, a fatal car accident caused by a Georgia state employee. A state, county, or city’s at-fault government entity may have a six-month or one-year deadline, depending on the nature of its fault.

Cases involving wrongful death are sometimes allowed to be brought after more than two years have passed. It is possible to “toll” (i.e., pause) the statute of limitations until an individual at fault for the death is prosecuted, for a maximum period of six years if that individual was charged with a crime. Bringing a wrongful death lawsuit begins two years after the criminal prosecution is completed or six years have passed.

In Georgia, wrongful death claims can only be filed by specific individuals. It is covered by O.C.G.A. § 51-4-2, § 51-4-4, and § 19-7-1. It is worth noting that Georgia’s rules about who can bring the claim differ slightly from those about who should receive a share of the money recovered from the claim.

An attorney with authorization to file a claim for wrongful death is always available in Georgia. O.C.G.A. § 19-7-1(c)(1), (c)(3). A wrongful death claim can be brought by the surviving spouse of the person who died, known as the “decedent”. O.C.G.A. § 51-4-2(a). Wrongful death cases may be brought by the decedent’s surviving children if the surviving spouse dies while the case is pending. O.C.G.A. § 51-4-2(b)(1). It is possible for the decedent’s child or children to sue for wrongful death if he or she was not married at the time of the decedent’s death. O.C.G.A. § 51-4-2(a). It is possible for the deceased’s parents to bring a claim if they had no spouse or children when they passed away. O.C.G.A. §§ 51-4-4; 19-7-1(c)(2). A wrongful death claim may be brought by the administrator of the decedent’s estate if there are no surviving spouse, children, or parents. O.C.G.A. §§ 51-4-5; 19-7-1(c)(3).

These statutory rules have been subject to some limited exceptions by Georgia courts. It has been permissible for the children of the decedent to bring a claim, even when the decedent had a surviving spouse, if the surviving spouse is absent, disabled, has declined to pursue the claim, or has no blood or legal relationship with them. In the event that a surviving spouse abandons his children and cannot be found, he may lose the right to sue for wrongful death. Someone else may bring a wrongful death claim if a decedent died due to the wrongful acts of his or her surviving spouse.

Most of the time, no. The surviving spouse of a deceased person can bring a wrongful death claim, regardless of whether he or she has been appointed as the estate’s administrator. It is possible for the children (through their guardians, if necessary) to bring a wrongful death claim if the decedent did not leave a surviving spouse. Wrongful death cases can be brought by the decedent’s parents if there are no surviving spouses or children.

The administrator of the decedent’s estate can only bring a wrongful death claim if the decedent left no surviving spouse, children, or parents.

Some claims, however, can only be brought by the estate administrator, referred to as “estate claims” instead of “wrongful death claims.” Typically, estate claims are used to recover damages for pain and suffering, pre-death medical expenses, and funeral expenses.

In fact, yes. Wrongful death cases can be brought even if the decedent did not leave a will (and usually regardless of who can file them). According to Georgia law, estate claims differ from wrongful death claims because a will creates the decedent’s estate.

Wrongful death cases in Georgia can be brought by anyone, regardless of whether they are named in a will. Those rules have almost nothing to do with wills since Georgia law specifies who may bring a wrongful death claim. The following people are generally eligible to bring wrongful death claims:

• The surviving spouse;

• In the absence of a surviving spouse, the decedent’s children;

• In the absence of a surviving spouse or child, the decedent’s parents; and

• In the absence of a surviving spouse, child, or parent, the estate is administered by the administrator.

The probate court will appoint an administrator for the estate of a deceased person if there are no surviving spouses, children, or parents, and the decedent left no will.

In a wrongful death case, Georgia law establishes clear rules regarding the distribution of the funds. Survivors and their children are equally entitled to share any proceeds received from wrongful death cases. O.C.G.A. § 51-4-2(d)(1). Those who survive the decedent’s spouse and children share equally in the recovery, with each receiving an equal share. In the case of minors, the child’s guardian will be responsible for handling the share of the decedent’s estate. In any case, the surviving spouse must receive at least one-third of the recovery, even if there are four children. O.C.G.A. § 51-4-2(d).

Here are a few examples:

• The decedent’s surviving spouse who died without children would receive 100% of the money from the wrongful death lawsuit.

• An individual who died without a surviving spouse or partner but with a surviving child would be entitled to 100% of the money from the wrongful death claim.

• If the decedent died without a surviving spouse or partner, but with two surviving children, one of whom was under 18, each child would receive 50% of the settlement. The minor child’s guardian would be responsible for handling his or her 50% of the money.

• Each of the surviving spouses and children of the decedent would be entitled to one-third of the money from the wrongful death lawsuit if the decedent left behind a wife and two children.

• The remaining two-thirds of the wrongful death settlement would go to the surviving spouse (if there is one), and one-fourth to each of the four children (if there is one).

In Georgia, money from wrongful death claims is divided differently than in other states. The parents usually share equally any money recovered from a decedent who died without a surviving spouse, children, or parents. The judge can determine which parent receives what share if the parents are separated, divorced, or living apart. O.C.G.A. § 17-9-1(c)(6). In most cases, it is better to divide the money 50/50 or settle the matter by agreement rather than file such a motion. As a result, the defence may use any accusations made against both parents later in the trial to exploit the differences between the parents. As a result, preventing the fight over who gets what is usually in the best interest of both parents.

If there is money from the estate claim that gets divided differently than if there is money from the wrongful death claim, keep that in mind. If a decedent dies without a will, Georgia’s laws of intestacy (which are applied by probate courts) will determine who receives money from the estate. Choosing how to allocate settlement funds between wrongful death claims and estate claims can be complicated because of the difference in how wrongful death money is distributed.

A wrongful death case cannot seek punitive damages following the death of a victim, but an estate claim can seek punitive damages.

Punitive damages cannot be awarded in Georgia wrongful death lawsuits because wrongful death claims are themselves punitive. Punitive damages may, however, be awarded as part of a lawsuit involving estate claims.

According to O.C.G.A. § 51-12-5.1(b), punitive damages are available only in cases where there was willful misconduct, malice, fraud, wantonness, oppression, or a complete lack of care. The defendant should be punished if he or she knew about the risk, but didn’t take any precautions to avoid it. Non-product-liability cases, however, may be limited to $250,000. Punitive damages may not exceed this amount unless the defendant was under the influence of drugs or alcohol at the time of the incident.

I would like to remind you that wrongful death claims and estate claims are two different things. An individual who brings a claim for wrongful death seeks compensation for the full value of their life, including intangible and economic factors. Medical bills, funeral expenses, and pain and suffering are all recoverable through estate claims.

A negligent security case is often brought following a shooting or violent crime. Due to their responsibility to their residents, guests, and customers, businesses such as apartment complexes, hotels, restaurants, and clubs must keep their premises reasonably safe, including their parking lots. The business and the individual shooter or criminal can be held liable in wrongful death cases if they fail to do that-i.e., fail to keep their paying customers reasonably safe.

Depending on the circumstances. As a matter of fact, if the suicide was not anyone’s fault, then no one should be sued, and no case should be filed. It is possible, however, for a business or person to be responsible for the suicide of another.

Mental health treatment is an example of such a situation. Suicides sometimes occur without anyone’s intervention. The responsibility may, however, fall on a business or individual in other cases. A psychiatrist or psychiatric hospital is responsible for providing good, reasonable treatment to the families and patients who pay for it. Hospitals and psychiatrists might be held accountable for wrongful deaths if they don’t follow these instructions- if they act negligently or recklessly, and this negligence or recklessness causes suicide.

As we have seen at Singleton Law Firm, psychiatric treatment hospitals are often understaffed, resulting in inadequate care and multiple suicides. The cases are tragic. Many such suicides result from the owner of the hospital’s unwillingness to pay the nurses’ salaries in accordance with the number of patients it treats.