Atlanta Wrongful Death Attorney

Sadly, not all loved ones of the victim will have the right to bring a wrongful death lawsuit under Georgia law. The state of Georgia only allows immediate family members or someone who is appointed as the representative of the estate to bring such a legal claim. Additionally, the state’s legal code has set up a clear order of rights in such cases. In general, the person who may pursue a Georgia wrongful death lawsuit is as follows:

1. The spouse of the victim.
2. The children of the victim.
3. The parents of the victim.

If none of the parties listed above can or will bring a legal claim on behalf of the victim, then the estate of the victim has the right to file a Georgia wrongful death lawsuit.

The real party in interest is a complicated area of the law. You are strongly advised to confer with a lawyer to better understand who may bring a claim – and how much time you have left to do so.

As a general rule, wrongful death lawsuits must be brought under state laws. If your family member was killed in an accident in Atlanta, you will need to bring a legal claim under the Georgia wrongful death statute. This is a very complex area of law. Unfortunately, many families do not know what rights they have under the law or how to navigate the claims process.

Georgia wrongful death claims are governed by OCGA § 51-4.

The law recognizes two types of claims:

A wrongful death claim by the family, which aims to take full measure under the law of the “full value of life” of a deceased, which consists of:

• Wages and benefits: This includes future earning capacity.
• Loss of companionship and other benefits a deceased provided to family members.

An estate claim brought by or on behalf of the deceased person’s estate to recover estate losses resulting from a victim’s death, including:

•     Pain and suffering.
•     Medical expenses.
•     Funeral expenses.
•     Punitive damages.

Experienced Atlanta wrongful death attorneys will spend significant time and resources determining “full value of life” under Georgia law. Unlike some states, Georgia does not use a formula or cap in determining value of life.

Elements that determine the full value of a life include:

Economic Damages

Economists and other expert witnesses are often called upon to look at a decedent’s age and health, as well as his career and future value of labor performed.

Intangible Damages

Intangible damages must also be carefully considered and calculated. Factors that may be considered include a decedent’s relationships, family circumstances, and living conditions. This may include testimony of family and friends.

Life Expectancy

Georgia evidence code uses the Commissioners 1958 Standard Ordinary Mortality Table and the Annuity Mortality Table for 1949, Ultimate. These resources may be augmented with other evidence or witness testimony to determine how long a victim may have lived.

If your family member was killed in an accident in Atlanta, Georgia, immediate action is advisable.

Dictated by GA Code § 9-3-33, the statute of limitations states that injured parties have just two years to bring personal injury claims forward. After two years from the date of the injury, a court will dismiss your claim.

Oftentimes, insurance companies will engage in stalling techniques to avoid paying you anything – which is why it is crucial to begin working with a Georgia personal injury attorney experienced in dealing with wrongful death injury claims as soon as possible to build your case. The best thing you can do to protect the rights and interests of yourself and your family is to consult with a top-rated Atlanta wrongful death lawyer such as Stephen D. Apolinsky as soon as possible.