TMP Master Class - Personal Injury Litigation
Under Georgia law, a wrongful death occurs when the negligent or intentional actions of another party cause the death of another. Wrongful deaths can be sudden, or they can occur at a later time as a result of injuries sustained in an accident or an attack. While the majority of wrongful deaths occur as a result of accidents, such as a car accident, a slip-and-fall, or medical malpractice, some are caused by intentional actions.
In order to file a wrongful death claim, the plaintiff must have standing. Under Georgia law, the following individuals can file a wrongful death claim if no one with a higher standing exists:
If none of these relationships exist, a personal representative can file a personal injury claim on behalf of the estate. Family members, such as siblings, aunts and uncles, cousins, etc., do not have standing in wrongful death cases. They must file their wrongful death claims through the estate.
Losing a loved one due to negligence is a traumatic experience, and it may be some time before you begin seeking compensation, but it’s important that you act quickly to preserve your claim. Here are a few things you should do if your loved one has died in an accident:
This is particularly important if the departed did not die instantly. Document their pain levels, the treatments they received, what they said about the accident, etc.
Of particular importance are any photographs of the accident scene, the victim’s injuries, etc. If the victim’s health is declining because of the accident, take daily photographs of them.
Make copies of all physical documents and save them to a PDF file. Keep these records in multiple places. For instance, the cloud, a physical hard drive, and in your email. That way, you can send them to your personal injury lawyers when necessary.
Whether or not you expect the injured party to survive or their life has already ended, it’s important to involve a personal injury firm that handles wrongful death claims as early as possible.
These are some of the most common questions we hear from surviving family members at our Peachtree Corners wrongful death law firm. For specific answers to your questions, contact us for a free consultation with a personal injury lawyer from our team.
The statute of limitations for a wrongful death claim in Georgia is generally two years from the date of the deceased person's death. Your attorneys will need this time to investigate the circumstances, build your case, and pursue a claim on your behalf, so it is important not to delay. Reach out to our Peachtree Corners wrongful death law firm as soon as possible.
Yes. Georgia follows a modified comparative negligence system, which means the deceased person's percentage of fault may affect the amount of compensation that can be recovered. If the deceased person was less than 50% responsible for the incident, your attorney may still be able to pursue damages, although the compensation may be reduced based on their percentage of fault.
