Understanding Wrongful Death Laws in Atlanta: What Families Need to Know

If you’re here, first let us say that we’re sorry to hear that you need information about wrongful death lawsuits. Losing a loved one due to someone else’s negligence or intentional misconduct is an incredibly traumatic experience for families. The sudden loss, the financial impact, the strain on relationships – it all makes for a difficult time. Georgia, like all states, has wrongful death laws that provide legal options for families to gain compensation to make them whole again after their significant loss. 

About Wrongful Death in Georgia

Under Georgia law (O.C.G.A. § 51-4-2), wrongful death occurs when a person dies as a result of the negligence, recklessness, intentional actions, or criminal misconduct of another party. Generally, this means that accidents leading to the death of your family member may support a personal injury claim. Wrongful death claims can arise from various situations, such as medical malpractice, car accidents, workplace incidents, or even criminal acts like assault or homicide.

How Wrongful Death Happens

If the death of your family member was untimely it’s possible that it could be defined as a wrongful death. 

• Mabra Law secured a $7.25 million dollar award for a truck accident that led to a death. 
• Mabra Law secured a $7 million award after a commercial truck accident that led to a death.

Wrongful death claims could be related to car accidents,accidents at work, or because of the inability or inaction of a doctor. Accidents or injuries sustained from defective products (airbags, machinery, medicines, etc.) can also result in a wrongful death case. Finally, we need to also consider that violent crimes like public shootings can leave us grieving a loved one and also create the possibility for a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit in Atlanta?

Georgia law designates specific parties who are eligible to file a wrongful death claim. These individuals include the following in this specific order:

1. Surviving Spouse – The husband or wife of the deceased has the primary right to file a wrongful death claim. When the spouse takes legal action they do so on behalf of any children that came from the union. 
2. Children of the Deceased – If there is no surviving husband or wife, the deceased’s children may file the claim instead.
3. Parents of the Deceased – In the absence of a husband/wife and children, the deceased’s parents can pursue the claim.
4. Estate Representative – If none of the above individuals are available, the administrator of the deceased’s estate may file the claim on behalf of the next of kin.

While we understand that siblings, grandparents and even close friends may be some of the closest people to the deceased, Georgia law doesn’t qualify these relationships for pursuing legal action. In addition, if the deceased person had a partner (even long-term) or a financier, they are unable to pursue legal actions unless they have a child together.

Types of Compensation Available in Wrongful Death Cases

Wrongful death lawsuits provide compensation to surviving family members by holding the responsible party accountable. Compensation for wrongful death and personal injury claims falls into two categories: (1) economic damages and (2) non-economic damages. 

• Economic damages include costs that can be quantified like funeral expenses, medical bills and lost wages. 
• Non-economic damages include things that are hard to define by a number value. These are factors like pain and suffering, loss of companionship and emotional distress.

There are many types of compensation that might fall into the categories above. For example, if your loved one, before passing away, required special treatment or medication, or if your home needed to be modified to accommodate their disability, these are all expenses that your wrongful death claim would aim to cover. Our goal as your legal team is to help alleviate the burden of these bills so you can focus on healing—both yourself and your family.

Statute of Limitations for Wrongful Death Claims in Georgia (and Exceptions)

After the death of a loved one in Georgia, families have two years to file a lawsuit. However, there are certain exceptions:

• Criminal Proceedings – If criminal charges related to the death are pending, the statute of limitations may be paused until the case concludes.
• Government Entities – Wrongful death claims involving government agencies may be subject to shorter deadlines and specific notice requirements.
• Discovery Rule – In some cases, the statute of limitations begins when the cause of death is discovered, rather than when the death occurred. This applies in cases such as medical malpractice where negligence is not immediately apparent.

If a family misses the deadline to file, they will likely lose the right to pursue compensation. This is why you hear so commonly lawyers telling victims that they need to act promptly and hire an Atlanta wrongful death attorney sooner rather than later. 

Steps for Families to Take If They Suspect Wrongful Death

When a loved one passes and the family suspects wrongful death, the first step is to gather all relevant information about the circumstances of the death. Consider organizing the following materials for your lawyer to review:

• Medical Records – Obtaining hospital, emergency room, and autopsy reports can provide essential information regarding the cause of death.
• Accident Reports – If the death occurred due to an accident, collecting police reports or other investigative records is crucial.
• Witness Statements – Eyewitness accounts can be valuable in establishing what occurred.
• Insurance Policies and Employment Records – These documents can provide financial context and assist with the claim.

Once the necessary evidence is collected, it’s important to consult with an experienced wrongful death attorney who can assess the viability of the case and help families navigate the legal process.

An Atlanta Wrongful Death Attorney at Mabra Law is Here to Help

An experienced Atlanta wrongful death attorney at Mabra Law can provide the guidance and support needed to pursue a claim, ensuring families receive the compensation and justice they deserve. If you believe your loved one’s death may be the result of negligence or misconduct, contact us today for a free consultation. We have helped hundreds of families in Georgia and look forward to serving you and yours soon.