When a loved one passes away suddenly, it can be emotionally and mentally traumatic.

This condition is difficult enough to deal with when it is caused by natural occurrences, but it can also be caused by another party's negligent and careless actions.

When a family member dies as a result of someone else's negligence, the grieving process becomes even more difficult. In these cases, you and your family will be eligible to file a wrongful death claim with the help of our wrongful death lawyer at B'Ivory LaMarr Trial Lawyers ®️ and obtain the closure and financial damages to which you are entitled.

Georgia’s Wrongful Death Act

Georgia has passed laws that creates a wrongful death cause of action. Starting at O.C.G.A. 51-4-1, Georgia's Wrongful Death Act is divided into five parts. According to Georgia law, the following factors will give rise to a wrongful death lawsuit:

  • Dangerous Construction Site
  • Contaminated food
  • Medical malpractice
  • Drunk driving
  • Negligent actions
  • Dangerous/Defective items
  • Dangerous medical equipment
  • Illegal and/or improper alcohol service
  • Negligence and/or neglect of nursing homes
  • Engineering malpractice
  • Criminal and/or unethical actions
  • Prescription medications that are unsafe

Who is entitled to recover for the loss of a loved one?

When it comes to who can file a wrongful death case, there are certain limitations. The law allows a surviving spouse, intimate partner, or child to claim on behalf of the deceased person. If these relatives do not exist, anyone who is entitled to the deceased person's property or estate will file in their place. Plaintiffs may demand damages such as compensation for medical expenditures, funeral and burial expenses, as well as lost inheritance, lost income, and the value of a person's household services. The statute of limitations in this case, as in all personal injury claims, requires that an individual must sue before the 2-year mark from the date of discovery of the injury. 

According to Georgia law, if a spouse files a claim and there is no Will, they must divide a portion of the proceeds from any wrongful death lawsuit with the children. However, Georgia law normally ensures that the spouse can receive one-third of any wrongful death damages recovered. If a minor child is involved, the parent or legal guardian has the right to recover before the minor is older).

What can be recovered after a Wrongful Death case?

There are certain damages that can be sued for in order to claim full compensation for the loss and suffering following a wrongful death case. Funeral and funeral costs, loss of income, including the deceased's long-term future possible earnings, hospital bills incurred before the deceased passed away, loss of parental guidance, loss of marital ties, and loss of love and support systems will all be protected by monetary compensation.

B'Ivory LaMarr

Contact our Atlanta Wrongful Death Attorney

Although no amount of money can compensate for the traumatic loss of a loved one, fair compensation can help you and your family can find financial peace so you can concentrate on more important issues during this trying period.

We support grieving families in lifting the pressure from their shoulders by using the legal to achieve the best possible results for them.

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