If you have recently lost a loved one in a catastrophic accident, you may be emotionally devastated and struggling financially. When someone else is responsible for causing their death, you may feel anxious to demand justice. Fortunately, with help from a compassionate Atlanta wrongful death lawyer from Marc Brown Law Firm, you can hold the liable party accountable to the fullest extent of the law.
The criminal justice system will handle any formal charges filed, but that does not mean you cannot take matters into your own hands. With the legal guidance and support of a reputable personal injury attorney from our firm, you can demand the party provide compensation for your loss. Contact our law office to request a free consultation today and learn more about how wrongful death claims work and who could be sued in your case.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of personal injury claim filed on behalf of an individual who has passed away from injuries caused by someone else’s negligence, misconduct, or malicious intent. The statute for wrongful death lawsuits in Georgia can be found under OCGA § 51-4-2. You may have grounds for a wrongful death claim if your loved one was killed by:
- Assault or homicide
- Drunk driving
- Medical malpractice
- Nursing home neglect or abuse
- A motor vehicle accident
- A slip-and-fall accident
- A construction accident
Essential GA Wrongful Death Laws
There are multiple nuances involved in Georgia’s wrongful death laws. These are the ones that could have the most significant impact on your case:
The Statute of Limitations
The wrongful death statute of limitations generally expires two years from the date of your family member’s death, according to Georgia Code § 9-3-33. However, if the decedent passes away due to a criminal event, the statute of limitations will be suspended as long as the criminal case is still under investigation, up to six years from the date of the decedent’s death or two years from the date the criminal investigation is resolved under Ga. Code § 9-3-99. Additionally, if the decedent’s estate has not been through probate, the statute of limitations will pause for up to five years per Ga. Code § 9-3-92.
Claim Filing Restrictions
Only specific parties have the authority to file a wrongful death lawsuit. The decedent’s surviving spouse will have primary rights. However, if there is no surviving spouse, the decedent’s surviving children, the decedent’s parents, or the administrator of the decedent’s estate will have the right to file the lawsuit based on Ga. Code § 51-4-4.
Consult a Wrongful Death Lawyer in Atlanta Today
Going to court may be the last thing you want to do after losing a treasured family member. However, demanding the liable party be held accountable may be the best way to get justice for your loved one. No amount of money will change what your family has been through, but it can help you cover your outstanding expenses and allow you to begin healing.
Reach out to a respected Atlanta wrongful death attorney from Marc Brown Law Firm today. Our team offers free consultations to surviving family members across the city and surrounding neighborhoods. Fill out our contact form or call us to get started on your case as soon as today.