Wrongful Death
A wrongful death claim is a suit that arises from the death of an individual that was
caused by the conduct of another. A wrongful death suit is different from other
types of personal injury claims because the actual victim (the "decedent") is not
bringing suit, rather it is the family members or the decedent's estate. A wrongful
death claim is brought to recover damages for the injuries that the surviving family
and/or estate have suffered due to the death of the victim.
In Georgia, the cause of action for wrongful death belongs to the surviving spouse.
Where there is no surviving spouse, the cause of action belongs to the decedent's
children. If there is neither a spouse nor surviving children, the decedent's parents
have the right to file suit. Where the court awards damages to a decedent's parents
and the parents are divorced or separated, the court maintains the authority to allocate all remedies between the parents as the court sees fit. This allocation depends on the on the pertinent factors determined by the court. for instance, divorced parents may receive disproportionate amounts of the total recovery depending upon the extent of each parent's involvement in the child's life. Where the the decedent is without a surviving spouse, child, or parent, the administrator of the decedent's estate can sue on behalf of the next of kin. Due to the complex nature of these matters, it is critical that all parties seeking to recover in a wrongful death lawsuit consult an experienced attorney.
Where a party otherwise entitled to bring a wrongful death suit is involved in the death of the decedent, complex legal issues may arise. For instance, where a party's negligence leads to the wrongful death, that party's right to recover may be barred. Where a minor may be entitled to all or part of a wrongful death recovery, complicated rules determine who can pursue the claim on the minor's behalf, whether a proposed settlement is lawful, and how any resulting award may be managed. An attorney experienced in wrongful death litigation can explain the intricacies of these matters and help achieve the best possible outcome for the decedent's family or estates. The Neighborhood Law Group possesses the knowledge, skill and trial experience to help.
All wrongful death suits must be brought within a specific time provided by the applicable statute of limitations. It is essential that measures be taken promptly to preserve evidence, investigate the accident in question and to file a lawsuit prior to the deadline imposed by the statute of limitations. If a loved one has been a victim of wrongful death, call The Neighborhood Law Group now at 1-855-4-NLGLAW or click here to submit a simple case form. The initial consultation is free of charge and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
