Wrongful Death FAQ
- What is a wrongful death claim?
- What are some common causes of wrongful death?
- Who can bring a wrongful death claim?
- What can I recover in a wrongful death lawsuit?
- How long do I have to file a wrongful death claim?
- How much will it cost to hire a lawyer?
Q: What is a GA wrongful death claim?
A: A wrongful death claim in GA occurs when a person dies due to the negligent or intentional actions of another party. Most states have wrongful death statutes permitting the decedent's surviving family members or the personal representative of the decedent's estate to file a wrongful death lawsuit against the responsible party.
Q: What are some common causes of wrongful death?
A: Common causes of wrongful death include motor vehicle accidents such as automobile accidents, trucking accidents, and motorcycle accidents; pedestrian accidents; aviation accidents; and accidents caused by drivers under the influence of drugs and/or alcohol.
Q: Who can bring a GA wrongful death claim?
A: According to the Official Code of Georgia Annotated (OCGA) 51-4-2, the decedent's surviving spouse can bring a wrongful death claim. If there is no surviving spouse, then the decedent's children can file a wrongful death claim. If, however, there is no surviving spouse or children, the administrator or executor of the decedent may bring a wrongful death lawsuit for the benefit of the decedent's next of kin according to OCGA 51-4-5.
Q: What can I recover in a wrongful death lawsuit?
A: Georgia's laws state that the surviving spouse, children, or next of kin of the decedent can recover for "the full value of the life of the decedent," which "means 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" (OCGA 51-4-1). Generally, the full value includes:
- Funeral expenses and medical bills
- Loss of future earnings of the decedent
- Loss of benefits, such are retirement benefits of the decedent
- Loss of companionship
- Pain and suffering
- Punitive damages
Q: How long do I have to file a wrongful death claim in GA?
A: In most circumstances, you have up to two years from the time of the decedent's death to file a wrongful death claim. This period of time is generally referred to as the "statute of limitations."
Q: How much will it cost to hire a lawyer?
A: At the Law Office of Jonathan W. Johnson, we take cases on a contingency fee arrangement basis. This means that attorney's fees are charged only when money is recovered in your favor, either through obtaining a judgment or a settlement agreement.
Losing a loved one is a traumatic ordeal. Consult an experienced, compassionate lawyer who will help you obtain the recovery you deserve. Contact the Law Office of Jonathan W. Johnson, LLC today to schedule a free initial consultation.
