Basics of Georgia Wrongful Death Laws

By Grant Law Office on May 18, 2011

Wrongful death is a legal claim against a person who, through their negligent or wrongful actions, causes the death of another. A wrongful death victim is referred to as the “decedent.” Generally, a wrongful death claim can be filed if the decedent, had he or she not died, could have filed a compensable personal injury claim against an at-fault party. The circumstances which allow for a wrongful death claim include, but are not limited to:

• A fatal Georgia motor-vehicle injury accident caused by another’s recklessness or negligence;
• A fatal workplace injury accident caused by proven substandard or defective equipment, improper or absent safety measures or other negligence; and
• Death caused by medication errors, failure to diagnose or other forms of Georgia medical malpractice.

Under Georgia wrongful death law, an action for wrongful death is typically brought by the surviving spouse, or a child or children if there is no surviving spouse and must be done so within 2 years after the right of action accrues. The aforementioned individuals may recover the full value of the life of the decedent (including the necessary or personal expenses had they lived) for the homicide of the spouse or parent. The term “homicide” under Georgia law refers to “all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.”

Experiencing the death of a loved one can be very traumatic, especially when they are suddenly taken from you by the negligent or criminal actions of another. At The Law Offices of Wayne Grant, P.C., our compassionate Atlanta wrongful death lawyers can help your family through this difficult time while working towards recovering compensation for losses such as medical bills, funeral costs, lost future wages and lost companionship. To speak to one of our attorneys about your legal rights and the Georgia wrongful death claim process, contact us today for a consultation at 404-995-3955.