Wrongful Death in Atlanta

Who Can File a Wrongful Death Claim in Atlanta?

If you’re dealing with the wrongful death in Atlanta of a family member and are considering the appropriate next steps to take in protecting those left behind while honoring the memory of your relative, you should become familiar with the Georgia state laws governing wrongful death lawsuits. At The Cochran Firm Atlanta we can provide you with the important information you need to file wrongful death claim.

In some cases wrongful death cases can be settled outside of court, if both parties are willing and able to come to acceptable terms. Other times, family members are determined that a negligent party be taken to trial before judge and jury. You and your family, along with an experienced Atlanta wrongful death attorney, should carefully consider which avenue to take in filing your claim.

Atlanta Wrongful Death Lawsuit

If you decide to file a wrongful death suit, Georgia law governs who in the family is eligible to file. The victim’s surviving spouse is the most appropriate person to pursue a claim and share the recovered amount equally with the victim’s surviving children. If any of the surviving children are minors, all or a portion of their proceeds may be held by their guardian until they become of age.

If the victim’s spouse is no longer living or is missing, the proceeds from a wrongful death lawsuit will go to the victim’s surviving children. Under Georgia law, if the victim’s spouse and children are all deceased, then the victim’s parents may seek a settlement even if they are divorced or living apart. If the victim’s parents also are deceased, the executor of the victim’s estate may sue on behalf of next of kin—even if that relative is a minor. The administrator must file the suit within two years of the victim’s death in accordance with Georgia’s statute of limitations.

An important point when filing a claim is that in Georgia one family member can’t sue another in a wrongful death claim.

When you’ve determined who is best to file a wrongful death claim on behalf of your family, talk to a wrongful and accidental death attorney to determine the value of your claim. Atlanta judges and juries are asked to base their wrongful death awards on the losses, pain and suffering of the victim. Your claim will need to be structured by evaluating the victim’s lost future earnings, retirement benefits, savings and inheritance as well as their physical and mental suffering prior to death. Your wrongful death attorney also will advise if it is prudent to seek punitive damages against the negligent party.

If your family is thinking about pursuing a wrongful death lawsuit in memory of a family member, it’s important to know who can file the claim under Georgia law. To ensure that your claim is settled for the benefit of your victim’s survivors, enlist the assistance of Atlanta wrongful death attorneys in The Cochran Firm. Our experience will give you the support you need during emotional times.

Call toll-free 866-549-0562 for a complimentary consultation for your wrongful death claim, or submit our confidential quick contact web form.