FAQ, Wrongful Death, Atlanta, Georgia

Frequently Asked Questions About Wrongful Death Cases in and around Atlanta, Georgia

Who can file a wrongful death lawsuit in Georgia?

In Georgia, immediate family members like spouses, children, or parents typically have the legal standing to bring a wrongful death claim. If none of these parties are available, the estate’s representative may file the lawsuit on behalf of the deceased.

What types of damages can be sought in a wrongful death claim in Georgia?

Damages in a Georgia wrongful death lawsuit can include compensation for funeral and burial expenses, medical bills, lost income and future earnings of the deceased, pain and suffering, loss of companionship, and in some cases, punitive damages.

What is the statute of limitations for filing a wrongful death suit in Atlanta, Georgia?

Georgia has a two-year statute of limitations for bringing a wrongful death claim. The time limit typically starts from the date of the individual’s death. Failing to file within this timeframe may lead to the case being time-barred.

How do you prove negligence in a wrongful death case?

To prove negligence in a wrongful death case in Georgia, it must be shown that the defendant owed a duty of care to the deceased, breached that duty through actions or omissions, directly caused the death, and led to measurable damages to the surviving family members.

Is it necessary to go to trial in a wrongful death case?

While some wrongful death cases in Georgia may go to trial, many are resolved through settlement negotiations outside of court. If a fair settlement cannot be reached, the case will proceed to trial where a judge and jury will determine liability and any damages awarded.

Do I need an attorney to file a wrongful death claim?

While it’s not required to work with a wrongful death lawyer in Georgia, for grieving families and their future, hiring an experienced attorney allows them to focus on healing while their attorney navigates the complexities of Georgia state law, deals with hostile insurance companies, undergoes the discovery process, and argues the case in a bench trial or jury trial if a settlement cannot be reached.