How a Georgia wrongful death case works
Georgia allows a claim for the full value of the life of the person who died, as shown by the evidence. The right to bring that claim belongs first to the surviving spouse. If there is no surviving spouse, it belongs to the children (O.C.G.A. § 51-4-2). In other situations, parents or the estate's representative may be the proper party.
A separate claim may be brought by the estate for losses such as medical and funeral expenses and the pain and suffering the person endured before death. Getting the right people and the right claims in the case from the beginning matters.
Deadlines
Most wrongful death actions must be filed within two years (O.C.G.A. § 9-3-33). When the death resulted from medical care, Georgia's medical malpractice deadlines and five-year statute of repose may apply (O.C.G.A. § 9-3-71). If a government entity may be responsible, much shorter written notice requirements can apply; see Civil Rights.
What Brian does for families
- Investigates what happened, gathering records and preserving evidence before it is lost
- Works with medical and other experts on the cause of death
- Identifies every responsible party and every source of insurance
- Handles communication with insurers and opposing counsel so the family does not have to
- Prepares the case to tell a jury who the person was, not just how they died
Common questions
Who should call a lawyer?
Any family member can make the first call. Brian will help sort out who has the legal right to bring each claim.
Do we need to open an estate?
Often, yes, for the estate's claim. Brian can explain what is needed in your situation.
This page provides general information about Georgia law and is not legal advice. Deadlines and requirements depend on the facts of each case. Past results do not guarantee a similar outcome.