Wrongful Death Claims in Kennesaw, GA
Losing a loved one is always difficult. If the death was caused by someone else’s negligence or otherwise wrongful actions, it can be even harder to accept your loss and move forward. In these cases, family members often have a legal right to make a claim against the wrongdoer. Although it is impossible to replace a lost loved one, under Georgia law surviving family members are entitled to compensation that can help alleviate the hardship.
However, it’s important to know that these cases can be complicated and lengthy. They often involve multiple parties, and proving damages requires substantial evidence. This being so, anyone bringing a wrongful death claim to court should be represented by an experienced wrongful death attorney. A skilled attorney can help make sure you receive the compensation you deserve, while minimizing any stress the case may cause.
Georgia Wrongful Death Claims
In Georgia, wrongful death actions are governed by Title 51 Chapter 4 of the Georgia Code. These claims are intended to compensate surviving family members for their loss. They are made by family members themselves. These claims are usually brought alongside a so-called survival action that can be made by the decedent’s estate.
A survival action compensates an estate for things like medical and hospital expenses and any pain and suffering endured. A wrongful death action, meanwhile, compensates family members for what they have lost as a result of the death, which includes things like loss of companionship, income, and any services that the decedent provided. According to Georgia law, wrongful death damages should reflect the “full value of the life of the decedent as shown by the evidence.”
Who Can Bring a Wrongful Death Suit
Only certain people can bring a wrongful death action under Georgia law:
- If there is a surviving spouse, they and only they may bring the claim;
- If there is no spouse, then the claim goes to the decedent’s children;
- If there is no spouse or children, living parents may bring the claim; and
- If none of the above family members are alive, the clam may be made by the estate.
- No other family members can bring a wrongful death claim in Georgia.
Statute of Limitations
If you have lost a loved one due to a wrongful act, it is important to consult with an attorney to discuss your case within a few months of the incident. This is because under the Georgia statute of limitations wrongful death actions must generally be brought within two years of the date of the death. Once the statute of limitations period has run, a claim is barred completely.
Contact Our Personal Injury Law Firm
The attorneys at Williams Elleby Howard & Easter are dedicated to getting justice for victims of wrongful death in Kennesaw and throughout Georgia. Joel has consistently been recognized as one of the best trial lawyers in Georgia, and this has helped him to maximize recoveries for hundreds of his clients. If you have lost a loved one due to the negligence or intentional action of someone else, Williams Elleby Howard & Easter will fight for you to get the compensation you deserve. Contact Williams Elleby Howard & Easter, at (409) 389-1035 today to schedule a free consultation.
