Wrongful Death

Time is of the essence in a wrongful death claim. As time passes, the likelihood increases that vital witnesses will become unreachable or forget important details, business entities can fold, and vital records can get lost or stored away. I will be able to prepare your case the most effectively and provide the best help to you if you contact me quickly. The Georgia statute of limitations (GA. Code Ann. § 9-3-20 et seq.) sets only a two-year limit for wrongful death claims, so it is important to get started as quickly as possible. There are some exceptions that give you even less time.

• Wrongful death is defined as death due to 'negligent, reckless, intentional, or criminal' acts of a person or entity
• The victim's spouse can file a wrongful death claim
• If no spouse, the victim's children can file; if no children, the parents can file
• If no immediate surviving family, the representative of the estate can file
• It must be demonstrated that a person or entity had a duty and was negligent, reckless, criminal, or intentional

Examples of 'negligent, reckless, intentional, or criminal' acts that can lead to death include (but are not limited to):

According to Georgia law, you are entitled to damages amounting to 'the full value of the life of the decedent without deducting for any necessary or personal expenses of the decedent had he or she lived.' This includes the following tangible and intangible damages:

• If the victim has a will, proceeds must be distributed according to that will
• Otherwise, Georgia law stipulates that the spouse share the reward with living children
• If children are minors, compensation is placed under the parent's legal name until the children become adults