Georgia Wrongful Death Attorneys

Georgia Wrongful Death Attorneys |
Injury Lawyers

The unexpected loss of a family member is always tragic, but it can be challenging to cope when the death is caused by another person’s or company’s negligence. The Georgia wrongful death attorneys at Carey & Dobson understand the emotional trauma you and your family are experiencing. We are here to answer your questions and help you pursue justice and compensation from those who are responsible for your loved one’s passing.

Our commitment to exceptional legal representation has allowed us to recover millions of dollars for victims of personal injury and wrongful death. Call us today at 404-635-1112 for a free case evaluation.

A wrongful death occurs when a person dies due to the negligence or wrongful act of another. Generally speaking, if the deceased would have had grounds for a personal injury claim had they lived, surviving family members would have grounds for a wrongful death claim.

Wrongful Death Cases We Handle

Countless scenarios could give rise to a wrongful death claim.

The injury attorneys at Carey & Dobson handle a variety of wrongful death cases, including:

Wrongful death due to car accidents;
Wrongful death due to motorcycle accidents;
Wrongful death due to truck accidents;
Wrongful death due to pedestrian accidents;
Wrongful death due to hit-and-run accidents;
Wrongful death due to drunk driving accidents;
Wrongful death due to rideshare accidents;
Wrongful death due to defective products;
Wrongful death due to a trip, slip, and or fall accident;
And more…

Who Can File a Wrongful Death Claim in Georgia?

According to the Official Code of Georgia Annotated Section 51-4-2, the following parties may bring a wrongful death claim:

Married at time of death:

In cases where the deceased victim was married, O.C.G.A § 51-4-2 authorizes the deceased victim’s spouse to bring a wrongful death claim. If the victim was not married, any of the victim’s surviving children can bring the claim. Court decisions also authorize the children to bring a claim if a surviving spouse is unwilling or unable to do so, or if the spouse caused the victim’s death.

Unmarried and no children:

When the victim died without a spouse or children, O.C.G.A § 19-7-1(c)(3) authorizes the victim’s parents to bring a wrongful death claim. They can bring the claim jointly if they are married and living together. If they are separated or unmarried, either parent can bring the claim if the other refuses. If one parent has died, the living parent can bring the claim. Both parents are vested with the right to bring a case; barring unusual circumstances, both parents must share equally in the recovery.

Unmarried, no children, and no parents:

When a wrongful death victim dies with no surviving spouse, children, or parents, O.C.G.A § 51-4-5 authorizes the victim’s estate to bring a wrongful death claim. That claim is commenced by the administrator of the victim’s estate. Whether the victim had a Will does not affect the right of the estate to seek wrongful death compensation.

If you are unsure, give Carey & Dobson a call today to see if you have a viable wrongful death claim.

What is an Estate Claim?

The victim’s estate can also bring an independent claim to recover burial expenses, any medical bills associated with the cause of death, and compensation for pain and suffering as well as pre-impact fright, shock, and terror the victim experienced before death. Therefore, the estate brings this claim and separates it from the recovery made in the wrongful death action.

How is wrongful death compensation determined in Georgia?

Georgia juries award compensation based on what the victim lost, not on what the surviving family members lost. The jury must determine wrongful death damages from the perspective of the victim, not the victim’s family. Georgia Wrongful Death law authorizes an award of compensation for the “full value” of the victim’s life. The “full value of life” is measured from the point of view of the person who was killed. The “full value of life” has economic and non-economic components.

The full value of life:

The economic value of life consists in part of the additional income that the victim would have earned if the victim had lived an average lifespan. Income includes wages, benefits (such as an employer’s contribution to a retirement plan), and investment income the victim would probably have earned. Our wrongful death lawyers often work with economists and vocational experts to determine the present value of future lost income. Economic value also includes the value of the services that the victim would have performed. Landscaping, painting the house, and preparing meals are examples of services that have value.

The non-economic component of “full value” is sometimes called “intangible” value. There is no yardstick for measuring non-economic loss. Juries understand that every life has a substantial value that cannot be measured solely by the victim’s earnings.

As seen from the victim’s perspective, the loss of life means the loss of doing things that the victim found meaningful or enjoyable. Playing with grandchildren, socializing with neighbors at a barbeque, getting married, spending quiet evenings with a spouse, running outdoors, walking a pet, and any other activities that someone may have enjoyed are the pleasures of life that end with death. Some people enjoy hunting or fishing. Others like to swim or play tennis. At the same time, others received joy from playing golf or following their favorite college football team. It is tough to put any value on any life; valuing a life involves showing a jury how much satisfaction and joy the victim lost because of a premature death. Our experienced wrongful death lawyers know how to tactfully and persuasively show a jury what it means.

How is wrongful death compensation distributed in Georgia?

Wrongful death compensation does not belong entirely to the person who brings the claim. O.C.G.A § 51-4-2(d)(1) requires the compensation to be distributed in a specific way.

If a spouse survives the victim and has no children, all compensation is distributed to the spouse. If the victim was survived by a spouse and no more than two children, the spouse and children each receive an equal share of the compensation. What happens if a surviving child dies while he and his siblings are pursuing a wrongful death case for their parent? This scenario is tricky. Under Georgia case law, the grandchild(ren) of the deceased child only recovers their parent’s recovery portion if their parent was alive at the time that the wrongful death action commenced. As the Wrongful Death Act makes clear, only when a decedent’s child is an original claimant in a wrongful death action, and only when that child dies during the pendency of the claim, can the child’s descendants, i.e., the grandchild(ren) share in any recovery.

O.C.G.A § 51-4-2(d)(2) holds that the surviving spouse must receive one-third of the compensation if the victim had more than two children. If the victim was married and had children, the surviving spouse must share the recovery equally with the children. However, regardless of how many children there may be, the surviving spouse must always receive no less than one-third of the recovery, and the remaining two-thirds is divided equally among the children.

When a victim has no surviving spouse, children, or grandchildren, O.C.G.A § 19-7-1(c)(2) provides that the victim’s parents will share the compensation equally if they are still married and living together. If only one parent is living, that parent receives all the compensation.

When parents are divorced or separated, O.C.G.A § 19-7-1(c)(6) allows either parent to ask a judge to apportion the compensation “fairly” between the two parents. Our wrongful death lawyers almost always recommend that parents agree to divide the compensation equally. That strategy will likely maximize the total compensation awarded since a parent who disparages a victim’s relationship with the other parent is providing ammunition that insurance company lawyers will use to argue for a lower compensation award.

The proceeds of wrongful death claims brought by a victim’s estate and of estate claims are distributed according to the victim’s Will. If the victim had no Will, compensation is distributed under the Georgia intestacy law that governs the distribution of estates when Georgia residents die without a Will.

How long does a family have to bring a Wrongful Death claim in Georgia?

Generally, a wrongful death claim must be filed within two years of the death, but that time, called “the statute of limitation,” can sometimes be extended, though it can also sometimes be shortened.

The statute of limitation can be longer than two years and be delayed for up to six years:

If someone is killed because of a criminal act (which includes serious crimes and traffic accidents where the officer tickets the at-fault driver), the time can be “tolled,” aka extended. A crime does not have to be intended; even simple traffic accidents can be considered a crime. O.C.G.A. § 9-3-99. That means that in any motor vehicle crash where the at-fault driver received a citation, the statute of limitation for the wrongful death lawsuit is tolled from the date of the violation until a final disposition of the traffic charge or for six years, whichever is shorter. Harrison v. McAfee, 338 Ga. App. 393, 402 (2016). The two years statute of limitation starts running after that date.

The statute of limitation can be shorter than two years:

If the government caused the person’s death (for example, if a county police officer crashed into the person), the deadline could be shorter. The amount of time to bring the case depends on which branch of government is involved, and an ante litem deadline may govern. Sometimes, the statute of limitation can be as short as six months.

Our Georgia Wrongful Death Lawyers Offer Free Consultations Every Day

Carey & Dobson will ask questions to determine whether you have grounds for a claim and how to proceed.

Those questions might include:

How did your loved one die?
Did your loved one receive medical treatment between their final injury and death?
What evidence have you gathered to support your claim?
Have you already spoken to the defendant or insurance company?

Georgia Wrongful Death Lawyers You Can Trust!

The Georgia wrongful death lawyers at Carey & Dobson know how difficult it can be to cope with the loss of a loved one. We will do everything possible to alleviate the stress and help you recover the compensation you need to move on with life.

With many years of experience handling complex wrongful death cases, our attorneys have the knowledge and tenacity to represent your interests. Call 404-635-1112 today or complete our contact form to schedule a free consultation. We are available 24/7, and if you cannot make it to our office, we will come to you.