Tilda Publishing

Wrongful Death

Benjamin 0. Bengtson — Your Atlanta GA Wrongful Death Attorney

If you are visiting this page because someone dear to you is a victim of wrongful death, let me express my heartfelt sympathy to you. If your loved one has died due to the negligence of others, this is an injustice that can adversely affect you and your family in so many ways. As your attorney, I will do my best to make sure that justice is served and that you and your family will be taken care of and compensated for your loss.

Why It Is Important to Begin a Wrongful Death Claim Quickly

Time is of the essence in a wrongful death claim. A time passes, the likelihood increases that vital witnesses will become unreachable or forget important details, business entities can fold, and vital records can get lost or stored away. I will be able to prepare your case the most effectively and provide the best help to you, if you contact me quickly. Learn more about wrongful death claims - what they are, when survivors can sue, who might be liable, and what damages survivors can recover.

I urge you to call and speak to me now, at 404-596-5518.

Who May File a Wrongful Death Claim in Atlanta, Georgia?

In the state of Georgia, the victim's spouse can file a wrongful death claim. If the spouse is no longer alive, then the victim's children can. If there are no children, the parents can file. If the victim has no immediate surviving family, then the representative of the deceased's estate can file a claim.

How Is Wrongful Death Defined in Georgia?

According to Georgia law, wrongful death is a death due to the "negligent, reckless, intentional, or criminal" acts of a person or entity (such as a business).

What Are Some Examples of Wrongful Death?

Examples of "negligent, reckless, intentional, or criminal" acts that can lead to death include (but are not limited to):

  • Drunk driving
  • Reckless driving
  • Unsafe conditions at work
  • Medical malpractice
  • Serving alcohol to minors
  • A dangerous or defective product or machinery
  • Motorcycle accidents
  • Bicycle accidents
  • Intentional homicide
  • Faulty construction
  • Contaminated food
  • Poorly designed or defective medical devices
  • Harmful prescription drugs
Wrongful Death
What Is Required to Prove a Wrongful Death Claim?

It must be demonstrated that a person or entity had a duty to perform and was negligent in doing so, or caused the death of someone through reckless, criminal, or intentional behavior.

What Kind of Damages Am I Entitled to be Compensated for Wrongful Death?

According to Georgia law you are entitled to damages amounting to "the full value of the life of the decedent without deducting for any necessary or personal expenses of the decedent had he or she lived."

This includes the following tangible and intangible damages:

  • medical expenses
  • lost future wages (including raises)
  • funeral costs
  • the decedent's pain and suffering up until death
  • loss of care
  • loss of love and protection
  • loss of benefits (including retirement benefits)
  • loss of children's inheritance
  • punitive damages for intentional wrongdoing
  • emotional distress
  • pain and suffering of the survivors
Who Collects the Reward for Damages?

If the victim has a will, then the proceeds for damages must be distributed according to that will. Otherwise, Georgia law stipulates that the spouse share the reward with the living children. If they are minors, the compensation is placed under the parent's legal name until the children become adults.

The Georgia Statute of Limitations Concerning Wrongful Death

The GA. Code Ann. § 9-3-20 et seq. sets only a two-year statute of limitations for wrongful death, so it is important to get started as quickly as possible with a wrongful death claim. There are some exceptions that give you even less time, however, so I encourage you to call my office now at 404-596-5518 so that we can discuss your case and get started quickly.
Made on