Wrongful Death

Bringing a Wrongful Death Claim in Georgia

The death of a family member is a difficult emotional experience. However, Georgia law protects surviving family members by allowing them to bring suit against a defendant whose wrongful actions resulted in the death of their spouse or parent. At Holston & Huntley, LLC, our Atlanta, Georgia, lawyers represent people in personal injury and wrongful death claims. We have the experience, resources and dedication necessary to assert your rights.

Injury Attorneys Guiding Bereaved Families

Georgia’s wrongful death statute provides that a surviving spouse of the decedent, or the decedent’s children if there is no surviving spouse, may recover damages for the full value of the life of the decedent. Also, if there is no surviving spouse or child, the parents of the decedent may bring the wrongful death action. Situations in which this type of claim may arise often include motor vehicle collisions, medical malpractice, defective products or intentional acts of harm. In most cases, you have two years from the date of the death to file a claim.

There are generally four elements that a wrongful death claimant must establish in a wrongful death action. The deceased death must have been substantially caused by the defendant; the conduct of the defendant must have been negligent, reckless, intentional; or something for which the defendant would be held strictly liable. Additionally, the wrongful death claimant must be an appropriate party to bring the action. In many cases, a wrongful death claim alleges negligence on the part of the defendant. To prove negligence, the wrongful death claimant must establish that the defendant owed the deceased a duty of care, and the defendant breached that duty, thus causing the deceased death and resulting damages.

Compensation for a Wrongful Death Claims Georgia

Forms of compensation in a wrongful death action often include economic damages. This includes projected lifetime income and the lost value of services. Additionally, you may recover non-economic damages. These include the loss of care, companionship and other intangible benefits. Additionally, Georgia allows the executor of the deceased estate to bring a survival action because this allows you to recover damages for the deceased pain and suffering before death, medical expenses and funeral and burial costs.

Seek Guidance from an Atlanta, Georgia, Lawyer After a Fatal Accident

Call us if you have questions regarding your legal options after the death of a spouse, parent or child. We can help you decide whether to bring a wrongful death action. Also we can assist the families of car accident and trucking accident victims whose lives tragically have been cut short. Holston & Huntley, LLC, serves victims and their families in Metro Atlanta, Georgia; Columbus, Georgia; Alpharetta, Georgia; Marietta, Georgia; Albany, Georgia; Athens, Georgia; and Macon, Georgia. We will always put your interests first and keep you up to date on the status of your claim. To schedule a free initial consultation, call us at 1 (844) GA-BUDDY, 1 (404) 474-2970 or contact us online.

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Holston & Huntley, LLC, Attorneys & Lawyers Bankruptcy, Atlanta, GA