Wrongful Death Attorneys in Atlanta, GA
The sudden loss of a loved one can be a devastating experience for anyone. Overcoming the pain of loss is incredibly difficult, especially if a negligent action causes the death.
At the Foster James, our Atlanta, GA wrongful death lawyers are dedicated to helping families seek justice for their loss. Our goal is to help you and your family recover from this trauma and find closure.
Here is everything you need to know about wrongful death claims in Georgia and how we can help.
Who May File a Wrongful Death Claim in Georgia?
Under O.C.G.A § 51-4-2, certain family members or the personal represenative of the decedent’s estate can file a wrongful death lawsuit in Georgia.
Typically, the surviving spouse brings the wrongful death lawsuit. If there is no surviving spouse then the decendent’s children can bring the lawsuit. Caselaw suggests that the surviving children can also bring the wrongful death claim in the event the surviving spouse does not do so.
O.C.G.A § 19-7-1(c)(3) allows the decedents parents to bring the wrongful death claim in the event there are no surviving spouse or children.
Finally, the personal representaive of the decedent’s estate can file a wrongful death claim in the event there are no surviving family members.
Georgia Wrongful Death Statute of Limitations
According to O.C.G.A § 9-3-33, the statute of limitations to file a wrongful death lawsuit in Georgia is generally two years from the date of the deceased’s death.
There are certain instances where the statute of limitations may be different. For example, if your loved one died due to the actions of a municipal government employee or entity, you have only six months from the date of the incident to file a wrongful death claim. In addition, you have to follow the specific reporting requirements set by the government entity or statute.
This is why it’s essential to hire a Georgia wrongful death lawyer who has experience filing actions in a timely manner.
Damages Available in a Georgia Wrongful Death Claim
At Foster James, LLC, we know that no amount of money can replace a human being. We also know that families suffering from the sudden loss of a loved one deserve justice.
However, because we cannot go back in time to undue the wrong, our civil litigation systemis limited to awarding monetary damages to compesnate for the loss of your loved one.
Georgia law allows juries to award of compensation for the “full value” of the victim’s life. The “full value of the life” is measured from the point of view of the victim rather than a family member. The “full value of the life” has two components: economic and noneconomic components.
Economic damages are damages you can add up like the deceased’s lost wages and future earning capacity.
On the other hand, non-economic damages are intangible. This “full value” amount is determined by the jury. Often, the jury will consider factors such as the conduct of the defendant and the loss of the enjoyment of life.
Discuss Your Claim With a Georgia Wrongful Death Lawyer Near Me
If you lost a loved one due to the negligent actions of another, you don’t have to face it alone. The attorneys at Foster James, LLC have years of experience on their side to help you manage your case.
To speak with a Georgia wrongful death attorney or schedule a free consultation, give us a call at 855-211-8999 or contact us online.