Lawrenceville Wrongful Death Attorney

When a person’s death was caused by another person’s negligence, intention, or carelessness, that could allow for a wrongful death case. Examples include medical malpractice, unsafe working conditions, or negligent driving that caused the death of someone else. A wrongful death claim is meant to compensate for the value of the life that was lost, as well as the deceased person’s future wages.

It’s important to distinguish a wrongful death claim from an estate claim. An estate claim must be made separately and is designed to compensate for the conscious pain and suffering that the deceased person experienced leading up to their death. For example, if the deceased person was trapped in a burning car for five minutes before dying, that pain and suffering would make up the estate claim. Estate claims include funeral and burial expenses, as well as medical expenses that the deceased incurred before their death.

A civil wrongful death claim is not a criminal charge like murder, so it does not result in a prison sentence for the accused person. It is a civil action with the objective of compensating the family of the deceased.

Call a Lawrenceville wrongful death attorney from Rafi Law Firm to find out if your situation applies.

O.C.G.A. 51-4-2 explains who can file a wrongful death claim in Georgia:

• The deceased person’s spouse
• (If not married): The deceased person’s children (If the children are minors, their guardians can file on their behalf)
• (If not married and no children): The deceased person’s parents
• (If not married, no children, and no parents): The deceased person’s siblings.

Remember, wrongful death claims are different from estate claims. The list above explains who can file a wrongful death claim. Estate claims will be handled by the executor of the estate.

In Georgia, you will generally have two years to file a wrongful death claim. However, there are many exceptions to this two-year rule. For example, if there is a criminal investigation, then the “clock” of the statute of limitations does not begin ticking until the investigation is over.

Currently, there is lagging due to the COVID-19 pandemic. If the person who is supposed to bring the lawsuit is incapacitated due to the COVID-19, the statute of limitations does not begin until that person is competent. Also, the time extends when the case involves a minor.

Under Georgia law, the settlement of money recovered should be shared among the surviving spouse, children, and even the descendants of the children if there is money from the settlement left over. Here’s how it’s broken down:

• For a surviving spouse with no children, they take the whole settlement
• For a surviving spouse with children, the spouse takes ⅓ of the settlement, and the children split the rest
• For a surviving parent filing in the absence of a spouse or child, the surviving parents split the settlement equally.

Things get more complicated if there are surviving grandchildren but a deceased child. In that case, the grandchildren cannot claim through their dead parent.