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When Is a Fatality Eligible for a Wrongful Death Claim in Georgia? ,

When Is a Fatality Eligible for a Wrongful Death Claim in Georgia?

Losing a loved one is a heart-wrenching experience, and it can be even more devastating if their death was caused by someone else’s negligence or wrongful actions. In such cases, Georgia law allows the surviving family members to pursue a wrongful death claim to seek justice and compensation. At Conley Griggs Partin LLP, we understand the complexities and emotional challenges involved in wrongful death cases. Here’s information on when a fatality is eligible for a wrongful death claim in Georgia.

A wrongful death claim is a legal action brought by the survivors of a deceased person whose death was caused by the negligent, reckless, or intentional actions of another party. The purpose of this claim is to hold the responsible party accountable and to provide financial compensation to the survivors for their loss.

Eligibility Criteria for a Wrongful Death Claim in Georgia

Several key factors determine the eligibility for a wrongful death claim in Georgia:

1. Negligence or Misconduct

For a wrongful death claim to be valid, the death must have been caused by the negligence, recklessness, intentional harm, or criminal actions of another party. Common situations that can lead to wrongful death claims include:

  • Car Accidents: Caused by reckless or drunk driving.
  • Medical Malpractice: Due to misdiagnosis, surgical errors, or medication mistakes.
  • Workplace Accidents: Resulting from unsafe working conditions or lack of proper safety measures.
  • Defective Products: Products that lead to fatal injuries due to design or manufacturing flaws.
  • Criminal Acts: Such as assault, homicide, or other violent crimes.

2. Relationship to the Deceased

Georgia law specifies who can file a wrongful death claim. The right to file typically follows this order:

  • Spouse: The surviving spouse has the primary right to file a wrongful death claim. If the deceased had minor children, the spouse must also represent their interests.
  • Children: If there is no surviving spouse, the children of the deceased can file a claim.
  • Parents: If the deceased had no spouse or children, the parents of the deceased can file a wrongful death claim.
  • Executor or Administrator: If none of the above relatives are available, the executor or administrator of the deceased’s estate can file a claim on behalf of the estate.

3. Statute of Limitations

In Georgia, wrongful death claims must be filed within a specific time frame known as the statute of limitations. Generally, the claim must be filed within two years from the date of the deceased’s death. However, there are exceptions that can affect this period, so it’s crucial to consult with an experienced wrongful death attorney to ensure timely filing.

Damages in a Wrongful Death Claim

Surviving family members can seek various types of damages in a wrongful death claim, including:

  • Economic Damages: These include medical expenses incurred before death, funeral and burial costs, lost wages, and loss of future earnings.
  • Non-Economic Damages: These include compensation for pain and suffering, loss of companionship, and emotional distress experienced by the survivors.
  • Punitive Damages: In cases involving particularly egregious or malicious conduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

Why You Need a Wrongful Death Attorney

Navigating a wrongful death claim can be complex and emotionally draining. An experienced wrongful death attorney can:

  1. Investigate the Case: Gather evidence, interview witnesses, and build a strong case to prove negligence or misconduct.
  2. Handle Legal Procedures: Ensure all legal documents are filed correctly and on time.
  3. Negotiate Settlements: Engage in negotiations with insurance companies and other parties to secure fair compensation.
  4. Provide Emotional Support: Offer compassionate guidance and support throughout the legal process.

A wrongful death claim can provide a sense of justice and financial relief for the surviving family members of a deceased loved one. At Conley Griggs Partin LLP, we are committed to helping you navigate this difficult time with compassion and expertise. If you believe your loved one’s death was caused by someone else’s negligence or wrongful actions in Georgia, contact us today to discuss your case and explore your legal options with a free consultation.

Posted on behalf of Conley Griggs Partin LLP

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As an Atlanta Attorney I have known Cale Conley personally for nearly 20 years. I first heard about Cale through other lawyers, who talked about his remarkable skill and great results as a trial attorney. When I finally had the chance to refer a case to Cale and work with him as a colleague, I was blown away by the level of his professionalism, knowledge and skill. Over the past few years I have referred several clients with large and complex cases to Cale and his firm and have been extremely impressed with the results he has obtained! In my opinion, Cale is one of the best Attorneys in the United States. Not just in Atlanta or Georgia, but anywhere. I am totally confident in referring any case or client to him. Not only is he a great attorney, he and his firm and partners take good care of clients and care deeply about them. If I could give Cale and his firm more than 5-Stars I would.

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I had the pleasure of trying a very complicated products liability case with Cale Conley and Davis Popper. They and their entire office are fantastic, and I could not recommend them more highly. The entire process, from the time that we brought them in to work with us, through the course of the case and trial, was seamless. Cale, Richard, Rance, and Davis are some of the finest trial lawyers in the Country, and I look forward to working with them on future cases.

Mike D.

Cale Conley has a national reputation as an excellent litigator on behalf of injured people and their families. He is a brilliant lawyer and advocate, with impeccable integrity.

Bobby Lee Cook, Trial Lawyer, Summerville, Georgia

We have been privileged to work with Ranse Partin in several high profile cases, and we find his superb scholarship and trial abilities to be excellent.

Meagan D., Client (Confidential settlement in claims for breach of privacy and wrongful termination against a manufacturing company)

Thank you so much for all your dedication and hard work on my case. You made me feel adequate and at ease and be able to open up and express a difficult situation. I am, and will be, forever grateful for you making this trying time in my life as manageable as it could possibly be. It was a pleasure working with you. The positive outcome was such a blessing and made me feel honored to have you stand up for a woman’s dignity. I am so thankful to have met such an admirable person and friend. Thanks again for all your support and guidance.

Laura H., Client (Confidential settlement in claims for wrongful termination against a distribution company)

Thank you so much for handling my case so competently. Your skilled guidance, confidence-building manner, and your kind, warm handling of all our encounters eased the pain of confronting a very tough time in my life. You took a difficult situation and created a very positive outcome. Again I thank you for all your help and friendship.

Kenneth B. Banks, General Counsel, Central Georgia Health System & The Medical Center of Central Georgia, Macon, Georgia

An outstanding attorney, with substantive legal knowledge, skill in advocacy, and sound strategic and business judgment.

L. Joseph Loveland, Senior Partner, King & Spalding LLP, Fellow of the American College of Trial Lawyers, Atlanta, Georgia

Ranse is a talented lawyer and a person of the highest professional character.

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