Atlanta Wrongful Death Attorney
Helping Families After Fatal Accidents

Unfortunately, wrongful death claims cannot be brought by just any friend or family member. Georgia limits who may pursue a wrongful death claim, determined by the relationship to the victim. You can file a lawsuit with an Atlanta wrongful death attorney in the following instances:

• If the victim was married, only the surviving spouse may pursue a wrongful death claim. The surviving spouse must also represent the interests of any surviving minor children.
• If the victim was not married at the time of death, only the surviving children can pursue a wrongful death claim.
• If the victim has no surviving spouse or children, then the right to pursue a wrongful death claim passes to the victim’s parents.
• If the victim has no surviving spouse, children, or parents, then the wrongful death claim can be pursued by the victim’s estate.

Of course, this becomes much more complicated if the victim has divorced and remarried and has a blended family. The situation becomes even more complex if there are surviving minor children involved, you may need to have a guardian appointed. An experienced Atlanta wrongful death attorney will know whether you can pursue a claim and how to go about it.

In almost every type of legal claim, the law requires that the parties file suit by a certain deadline referred to as a “statute of limitations.” If you fail to file your claim by that date, you will have lost all of your rights to compensation.

In Georgia, there is a two-year statute of limitations to file a wrongful death lawsuit. The deadline begins running from the date the victim died. If the victim died at the scene of the accident, the deadline will expire two years from the date of the accident. If the victim died several months after the accident, then the deadline will expire much later. This can be somewhat confusing if you’re already pursuing a personal injury claim because the statute of limitations runs from the date of the accident. In this scenario, your personal injury claim will overlap with a wrongful death claim.

There are exceptions, however. A criminal investigation or administration of the victim’s estate can “toll” the statute of limitations, meaning that it will be postponed to a later time. However, do not assume that this applies to your case – if you miscalculate or mistakenly believe that an exception applies to you, the consequences could be disastrous.

Two years may seem like a long time, but when you’re grieving the loss of a loved one, it can pass faster than you think. The longer you wait to pursue your claim, the more difficult it may be to obtain the evidence you need to pursue your case. If your loved one has been injured in an accident and death is a possibility, we strongly recommend that you consult with an Atlanta wrongful death attorney as soon as possible. They can tell you what you will need to make your claim and be prepared to move forward without delay if you decide it’s appropriate.

Most people don’t realize the full value of their wrongful death claim. First, you are entitled to seek compensation for any losses that directly result from the death of your loved one. This includes medical expenses, as well as burial and funeral expenses. You are also entitled to seek compensation for any pain and suffering that the victim experienced prior to death.

Perhaps more importantly, Georgia law allows you to seek recovery of the “full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.” This means that your wrongful death claim can include the following:

• Their total expected income over your deceased loved one’s lifetime
• Retirement benefits and investment income
• The value of any care and companionship they provided to you and your family

Determining your deceased loved one’s future income, investment returns, and the value of their companionship is a difficult calculation to make. Some of these elements are subjective (such as the loss of companionship), while others require some economic analysis. However, an experienced Atlanta wrongful death attorney should be able to provide you with an estimate of what your claim may be worth.

Calculating the value of a wrongful death claim involving a child can be even more complicated. You may not be able to seek the value of their future employment or retirement and investment income, but the value of the loss of their companionship could be quite significant.