Atlanta Wrongful Death Law Firm
Handling Wrongful Death Cases Throughout Georgia
A wrongful death occurs when the wrongful or negligent act of another results in a loss of life. The victim of a wrongful death is referred to as the “decedent.” Wrongful death actions are different from other types of personal injury cases. Unlike other tort claims where the victim files suit against an alleged wrongdoer, the decedent’s estate or a member of the decedent’s family files suit in a wrongful death action.
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. O.C.G.A. § 51-4-2(a). If there is neither a spouse nor surviving children, the decedent's parents have the right to file suit. O.C.G.A. § 51-4-2. Where 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. O.C.G.A. § 51-4-5. 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 Atlanta wrongful death 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. Matthews v. Douberley, 428 S.E.2d 588 (Ga.Ct.App. 1993). 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 estate. The Atlanta wrongful death attorneys at The Law Offices of Wayne Grant, P.C. possess the knowledge, skills, and trial experience to help you obtain maximum recovery in your wrongful death suit.
