Losing a loved one because of someone else’s actions can be a devastating and traumatic experience. It can be hard to know what to do next or even how to begin to grieve.
An Atlanta wrongful death lawyer can help you file a claim against the person responsible for your loved one’s death. We can’t undo the wrongs of others, but by pursuing justice in court on your behalf, we can help to alleviate some burden of the loss.
Sword & Shield Injury Attorneys bring faith and fight when representing clients at the negotiation table and in court. We understand that you have been through something traumatic and heartbreaking. We will fight for you and use our faith and knowledge of the law to help you obtain the outcome you deserve.
The Georgia Wrongful Death Statute
Georgia’s wrongful death statute includes essential details about:
- Who can bring a wrongful death claim;
- How long you have to file a claim; and
- What compensation you can recover.
We understand that you’re going through a lot right now. We are here to help you navigate the sometimes complex and overwhelming legal process. We have helped many people in situations like yours pursue justice on behalf of their loved ones who have passed away.
Who Can Bring a Claim
Georgia law limits who can bring a wrongful death action. The following people may be eligible to bring a lawsuit against the responsible party on behalf of the deceased (decedent):
- The surviving spouse,
- The parents of the decedent, or
- The children of the decedent.
If there is no one alive who meets those qualifications, then the decedent’s personal representative can file an action.
How Long Do You Have to File a Claim?
In Georgia, you typically have two years after your loved one’s death to file a claim. This deadline is referred to as the statute of limitations. If you miss this deadline, Georgia law may prevent you from filing a claim. Some exceptions may shorten or lengthen the time frame you have to file a lawsuit. Our attorneys can explain the deadline that applies in your case.
What Compensation Can You Recover in a Wrongful Death Case?
Under Georgia law, surviving family members can recover compensation equal to the monetary value of their loved one’s full life. There is no average wrongful death settlement for these types of cases. Instead, the compensation you receive is calculated on a case-by-case basis.
What Are the Chances of Winning a Wrongful Death Suit?
Your chances of winning the wrongful death suit depend on many factors, such as:
- The strength of your case,
- The circumstances leading to your loved one’s death,
- The applicable law, and
- Whether you timely file a claim against the at-fault party.
An Atlanta wrongful death lawyer can help you by thoroughly investigating the case, negotiating a settlement on your behalf, and crafting legal arguments to support your case in court.
Wrongful Death vs. Survival Action
Wrongful death and survival actions are both brought after someone dies, but there are essential distinctions between these two claims.
Loved ones bring a survival action on behalf of the decedent. In the lawsuit, they seek compensation for the suffering the decedent endured before they died because of another’s negligence.
In contrast, surviving family members or the decedent’s personal representative bring wrongful death actions on their own behalf. They seek compensation for their suffering because of their loved one’s death.
Sword & Shield Injury Attorneys: Compassionate Wrongful Death Lawyers Serving Atlanta
Losing a loved one due to someone’s negligence can feel like an impossible situation, and many people never fully heal from their loss. At Sword & Shield Injury Attorneys, we are here to lend a compassionate ear, pray with you, and fight for you and your loved one. We have over 50 years of combined experience helping surviving family members seek the justice they deserve.
If you lost a loved one because of someone else’s actions, we’re here for you. Call us today at 844-767-5291or contact us online to schedule a consultation.