Filing a wrongful death claim in Georgia? Here's what you need to know.

Wrongful death is the legal term for a death that results from negligence of another person or a company or from a wrongful act. A wrongful death lawsuit is a lawsuit that claims the victim’s death was wrongful, and that the family of the victim is entitled to monetary damages because of that loss. The wrongful death lawsuit is filed on behalf of the victim against the person, company or entity whose act or negligence caused the death.

Common causes of wrongful death

• Car accidents

• Negligent security at a business

• An accident at a store, restaurant or amusement park that is caused by negligence, inadequate supervision, or improper maintenance of equipment or property

• Medical malpractice

• Inadequate supervision or care of a nursing home resident

Who may file a wrongful death lawsuit?

• In Georgia, a lawsuit must be filed by the surviving spouse, but the recovery must be shared equally with any children of the deceased

• If there is no spouse, the children of the deceased may sue

• If the deceased had neither a spouse nor children, the parents of the deceased may sue

• If the deceased had neither spouse nor children nor parents, a suit may be filed on behalf of the estate of the deceased

Wrongful Death Law in Georgia

• In Georgia, damages for wrongful death can include the full value of the life of the deceased “without deducting for any of the necessary or personal expenses of the decedent had he lived.” These damages include both economic damages and intangible damages.

• Economic damages may include projected lifetime earnings and the value of lost services such as the household services previously performed by the deceased.

• Intangible damages include factors such as “enjoyment of living”.

• An estate may also seek recovery for any medical and burial expense and for pain and suffering experienced prior to death.

• In Georgia, a wrongful death case must be filed within two years of the death.

A wrongful death is any death caused by the negligence, carelessness, recklessness or intentional misconduct of another person or a company. These deaths, and the pain and suffering they caused, could have been avoided by responsible behavior. Wrongful death lawsuits provide a means for families to demand accountability from those responsible for their loved one’s death.

However, Georgia’s wrongful death law is complex. But, our experience can help you. If you have lost a loved one due to wrongful death, our attorneys help you get all the accountability and compensation that you are entitled to. Kaufman Law offers a free case review. Fill out the form on this page, or call us anytime at 888-WRECK-404.