Overview of Atlanta Accidental, Wrongful Death Law

A wrongful death claim is a suit that arises from the death of an individual that was caused by the conduct of another. A wrongful death suit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing suit, rather it is the family members or the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim. The damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to him or her. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death.

To file a wrongful death suit in Georgia, you must show that:

• The death of a person was caused by a wrongful act, neglect or default;
• The act, neglect or default would have entitled the injured person to file an action to recover damages had the death not occurred
• There are surviving beneficiaries, children, or dependents of the victim, O.C.G.A. 51-4-2 and Monetary damages have resulted from the decedent’s death.

The purpose of Georgia’s wrongful death statute is to prevent dependents of the deceased from becoming dependents of the state. O.C.G.A. § 51-4-1. Georgia law makes a distinction between persons who can file a wrongful death suit and persons who are beneficiaries. Only certain individuals can file wrongful death claims, and those that are allowed to sue do so on behalf of others. In Georgia, a surviving spouse may file a suit on behalf of the surviving spouse, or children of the deceased. O.C.G.A. § 51-4-2. There may be some exceptions to this general rule when the facts of a case make it impossible for an action to be filed on behalf of the children of the decedent by the surviving spouse, but these exceptions are extremely rare and decided on a case-by-case basis. Brown v. Liberty Oil & Refining Corp., 261 Ga. 214, 403 S.E.2d 806 (1991). If there is no surviving spouse, than a personal representative may file an action on behalf of the decedent’s children. O.C.G.A. § 51-4-5. A personal representative is a person appointed by the state of Georgia to represent the beneficiaries. Siblings and cousins of the decedent do not have the right to bring the lawsuit.

In all matters involving Atlanta wrongful death lawsuits it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the Atlanta wrongful death statute of limitations. If a loved one has been a victim of wrongful death in Atlanta, call us now at 404-942-2305 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM or e-mail us directly - submit@waynegrant.com. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the Atlanta wrongful death statute of limitations expires.

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