The loss of a loved one to a fatal accident is a terrible tragedy. It is heartbreaking and gut-wrenching.
A civil wrongful death claim exists to help ensure that surviving family members have a path to get justice, financial support, accountability, and some degree of closure. At The Persons Firm, LLC, we are strong advocates for grieving families. We are committed to ensuring that families have the legal protection that they need when it matters most. Within this article, our Marietta wrongful death attorney provides an overview of these legal cases in Georgia.
A Wrongful Death Lawsuit in Georgia is a Civil Claim
A wrongful death lawsuit in Georgia is a civil claim. It is separate from any criminal case the state may pursue. A separate criminal case may be brought for some fatal accidents (such as a drunk driving crash), but it is not required for a civil case. Quite the contrary, a civil claim can move forward even if no criminal charges are filed. The goal of a wrongful death claim/wrongful death lawsuit is to get compensation for the family’s losses. In other words, the object is not punishment of the at-fault party.
An Overview of Wrongful Death Laws in Georgia
Was your loved one killed in an accident caused by negligence in Marietta or elsewhere in Cobb County? You can bring a civil claim against the at-fault party. Wrongful death lawsuits are state-based cases. In other words, Georgia law will apply. Here are the key things to know about wrongful death claims in Georgia:
- Eligibility: A fatal accident impacts so many people. It is a terrible tragedy. However, unfortunately, not every person who was close to the victim has rights under Georgia’s wrongful death laws. Our state limits who may file a wrongful death claim. O.C.G.A. § 51-4-2 gives priority to the surviving spouse, who may file individually and on behalf of minor children. If no spouse or children exist, the right passes to the parents. If no parents are living, the personal representative of the estate may bring the action for the benefit of the next of kin. Eligibility follows a strict statutory order. If you are unsure who should file the claim, our Marietta wrongful death lawyers are here to help.
- Fault: Civil wrongful death claims are fault-based legal cases. A Georgia wrongful death case requires proof of fault. The claimant must show that the defendant’s negligence or misconduct caused the death. The standard mirrors ordinary negligence principles. Evidence may include traffic records, medical reports, safety violations, or product failures that are due to a material defect. Every fatal accident should be thoroughly investigated by an experienced Marietta, GA wrongful death attorney.
- Deadline: Grieving families do not have an unlimited time to file a civil wrongful death lawsuit. Wrongful death claims in Georgia are subject to a strict statute of limitations. Most actions must be filed within two years of the date of death under O.C.G.A. § 9-3-33. Certain circumstances can pause the deadline. For example, a pending criminal case that is related to the death (such as after a DUI crash) can toll the period for up to six years. Estate administration issues may also affect timing. Families should not assume extra time applies. You do not want to miss out on the opportunity to seek justice. Consult with an experienced Marietta, GA wrongful death attorney right away after a fatal accident.
- Damages: There is no amount of compensation that will ever be enough to make things right after a fatal accident. At the same time, grieving families need financial support. Georgia recognizes two distinct categories of wrongful death damages. The first is the “full value of the life of the decedent,” measured from the decedent’s perspective. This includes economic components, such as lifetime earnings, and non-economic components, like intangible life experiences. The second category involves estate-based damages. These include medical expenses, funeral costs, and pre-death pain and suffering. The personal representative brings this claim on behalf of the estate. Georgia courts allow juries wide discretion in valuing non-economic loss.
What is the Role of a Survival Action Claim in Georgia?
A survival action is a separate type of legal claim that is similar to a wrongful death claim, but that is designed to address the losses the decedent personally suffered before death. To be clear, it is legally separate from a wrongful death claim. Under Georgia law, a survival action is brought by the personal representative of the estate, and it seeks damages the decedent could have recovered if they had lived. These damages may include medical bills, lost wages between the injury and death, and conscious pain and suffering. The focus stays on the decedent’s own injuries rather than the family’s losses. Any recovery becomes part of the estate and is distributed according to Georgia probate rules. If you have any questions about survival action claims, our Marietta, GA wrongful death attorney can help.
How Our Marietta Wrongful Death Lawyer Can Help
Grieving families need strong, experienced representation. At The Persons Firm, LLC, we are a boutique law firm that is committed to protecting the rights and interests of the people who need legal help the most. With more than $100 million secured for clients since 2007, our case results demonstrate what we can do for victims and families. Our office is located in the 30060 zip code of Marietta, and we handle wrongful death lawsuits in Cobb County and throughout the area.
Contact Our Marietta Wrongful Death Attorney for a Free Case Review
At The Persons Firm, LLC, our Marietta wrongful death lawyers are compassionate, experienced advocates for grieving families. If your loved one was killed in a fatal crash caused by negligence, we are here to help. Contact us right away for a free, completely confidential initial consultation. With a law office in Marietta, we represent grieving families throughout the region, including in 30060, 30008, 30062, 30064, 30066, 30067, and 30068.