Atlanta Wrongful Death Attorneys

Understanding Wrongful Death Claims in Georgia

​The unexpected loss of a loved one is a difficult and traumatic experience, and even more so when it occurs because of someone else’s negligence. There are legal options families can pursue in the aftermath of such a terrible incident, which can pave the way towards justice and compensation following a loss.

The Atlanta wrongful death lawyers at Goldstein Hayes & Lina, LLC have extensive experience handling these types of claims and are prepared to stand by you and guide you through the process of a wrongful death lawsuit. Our goal is to help you ensure that those who are responsible for the death of your loved one are held accountable.

We encourage you to reach out to us today to learn more during a free initial consultation; call (888) 425-6070 or contact us online to get started.

Table of Contents:

• Defining Wrongful Death
• Who Receives Compensation?
• Compensation Available in Wrongful Death Claims
• Filing Deadlines for Wrongful Death Claims
• Types of Wrongful Death Cases We Handle
• Additional Resources

What Is a Wrongful Death Claim?

Wrongful death laws vary from state to state. In Georgia, the individuals entitled to bring a wrongful death lawsuit are entitled to recover the “full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived” (O.C.G.A. §51-4-1).

Who Gets the Money In a Wrongful Death Lawsuit in Georgia?

In Georgia, only certain persons are entitled to bring a wrongful death lawsuit. This includes:

• The surviving spouse
• Children (if there is no surviving spouse)
• Parent(s) (if there is no surviving spouse or children)

If the deceased is not survived by any of the above family members, the personal representative of the decedent’s estate may file the wrongful death claim. Any damages recovered would be held by the estate for the deceased person’s next of kin. Under Georgia’s wrongful death statute, any amounts recovered are equally divided among the surviving spouse and children, with the surviving spouse receiving no less than one-third of the recovery.

Compensation Available in Wrongful Death Claims

In a typical personal injury claim, victims are often able to recover certain damages meant to compensate them for economic and non-economic losses they have suffered due to their injuries. Wrongful death claims are similar in that surviving family members or the personal representative of the estate may seek compensation for both economic and non-economic losses.

Damages that may be available in a wrongful death claim include:

• Punitive damages
• Lost wages and benefits
• Funeral and burial expenses (brought by the estate)
• Loss of care, companionship, and other intangible benefits
• Medical expenses related to the decedent’s injury or illness (brought by the estate)
• Any pain or conscious suffering the decedent endured prior to his or her death (brought by the estate)

No two cases are the same; the specific details of your situation will determine which damages (if any) you may be entitled to recover. We encourage you to reach out to our wrongful death lawyers in Atlanta to learn more during a free, no-obligation consultation.

How Long Do You Have to File a Wrongful Death Claim in Georgia?

In Georgia, the statute of limitations for a wrongful death action is typically two years. This means that if your loved one has died as a result of the negligent or intentional actions of another, you have just two years from the time of that death to file a lawsuit or you may lose your right to gain compensation. This may seem like a harsh rule. Its purpose, however, is to ensure that parties in a lawsuit have access to necessary evidence.

Depending on the circumstances of your case, there may be some exceptions to this rule. In some instances, you may have two years from the time that you discovered the cause of death (as opposed to two years from the time that your loved one died). For example, if your loved one’s death was categorized as an accident, but later evidence determined that the death was due to the negligence of another, you may have two years from that discovery to file your claim.

Types of Wrongful Death Cases We Handle in Atlanta

Wrongful death claims can arise from a wide variety of accidents and incidents. Any time an individual is killed or ultimately dies from their injuries caused by someone else’s negligence, eligible surviving family members may file a wrongful death claim.

At Goldstein Hayes & Lina, LLC, we represent clients throughout Georgia in wrongful death actions arising from the following:

• Car accidents
• Drowning and pool accidents
• Birth injuries
• Medical malpractice
• Truck accidents
• Defective products
• Unsafe premises
• Bus accidents
• Construction accidents
• Toxic exposure
• Motorcycle accidents
• Nursing home neglect and abuse
• Pedestrian accidents
• Bicycle accidents

Note that this list is not comprehensive; if your loved one died as a result of another person, manufacturer, or some other entity’s negligence, reach out to us right away to learn how our attorneys can help you and your family seek justice.

Why Choose Our Dedicated Team for Your Wrongful Death Lawsuit?

At Goldstein Hayes & Lina, LLC, we understand the emotional toll families experience when considering a wrongful death lawsuit. Our lawyers provide personalized service and work diligently to obtain the best possible outcome for our clients. With a limited case load, we are able to ensure that each and every one of our clients receives the level of attention and quality legal representation they deserve. Wrongful death cases can be complex and difficult to understand; let our experienced wrongful death attorneys in Atlanta help you.

Please do not hesitate to call us at (888) 425-6070 and speak with us about your potential case. We are available 24/7.

Additional Resources:

• Why You Would Need a Wrongful Death Attorney
• Wrongful Death Awareness Information
• Determining Future Earnings in a Wrongful Death Claim