Wrongful Death

When a person dies as a result of the misconduct or negligence of another person, company, or entity, it may be considered wrongful death. This includes auto accidents, construction accidents, medical malpractice, and nursing home negligence.

Filing a wrongful death claim in Georgia

Georgia law states that a surviving spouse may file a wrongful death claim. In the event that there is no surviving spouse, the following individuals may bring the wrongful death claim—

• Children of the decedent
• Parents of the decedent
• Administrator of the decedent's estate

The law requires the surviving spouse to equally share any recovery with the surviving children.

Timing is crucial

Statute of limitations periods on wrongful death claims vary under Georgia law. Depending on the circumstances of the case, the statute of limitations may be as little as one year or as long as eight years. Discussing your case with an experienced Georgia wrongful death attorney is the best way to determine when and how to file your claim.

Recovering damages

A wrongful death claimant may recover damages amounting to "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 may include damages for the decedent's—

• Medical and funeral bills
• Pain and suffering the decedent experienced as part of their death
• Projected lifetime income

Contact us today

The right legal representation can play an integral role in achieving a positive outcome in your case. At Georgia's Hartman-Imbriale, we are prepared to assist you in your personal injury, real estate, motor vehicle accident, wrongful death, or workers compensation case and stand ready to draft or review any business contracts, wills and trusts. Contact our Woodstock law firm online or at 888-867-6286 today for assistance.