The Georgia Wrongful Death Act was first enacted in 1850. The purpose of the Georgia Wrongful Death Act was to “strike at the evil of the negligent destruction of human life, by imposing liability upon those who are responsible either directly [] or indirectly.” Western & A. R. Co. v. Michael, 175 Ga. 1, 13 (165 S.E. 37) (1932). A wrongful death action is a type of civil case filed by the family of a person killed by the negligence or intentional acts of another person. The term “negligence” includes “all manner of degrees of carelessness.” Geele v. State, 203 Ga. 369, 374 (47 S.E.2d 283) (1948).
As in every negligence action, the plaintiff in a wrongful death action must establish (1) that a duty was owed to the deceased, (2) that the duty was breached, and (3) that the breach proximately caused the harm (i.e., death). For instance, a driver has a duty to operate his car safely. A driver breaches that duty by, for example, running a red light. If that action—running the red light—kills another person, then the victim’s family will have a wrongful death action against the driver.
Types of Wrongful Death Actions
Any common-law negligence that causes the death of another person may give rise to an action for wrongful death. Many wrongful death claims often occur in the following scenarios:
- Car accidents
- Truck accidents
- Boating accidents
- Products liability (e.g., death caused by a defectively manufactured product)
- Nightclub shootings
- Apartment shootings
- Mall shootings
- Parking lot shootings
- Gas station shootings
- Botched surgeries
- Failure to diagnose or treat medical conditions
Statute of Limitations
Generally, injuries to the person are subject to a two-year statute of limitations. O.C.G.A. § 9-3-33. However, the statute of limitations may differ depending on the nature of the wrongful death action or whether a “tolling” provision applies. Failure to comply with the statute of limitations will bar your claim. Accordingly, you should hire a Georgia wrongful death lawyer as soon as possible to preserve your wrongful death claim.
Who May Bring a Wrongful Death Action?
The Wrongful Death Act grants a right of recovery to the decedent’s survivors for the full value of the life of the decedent. The right of recovery belongs to the surviving spouse or, if there is no surviving spouse, to a child or children. O.C.G.A. § 51-4-2(a). Absent a surviving spouse or child, the right of recovery belongs to the decedent’s parents. O.C.G.A. §§ 51-4-4; 19-7-1(c)(2). If no person is otherwise entitled to bring the wrongful death claim, then the right of recovery belongs to the personal representative of the decedent’s estate. See O.C.G.A. § 51-4-5(a).
However, claims for reimbursement of medical and funeral expenses, or for the pre-death pain and suffering of the decedent, belong to the decedent’s estate and can only be brought by the personal representative of the estate. See O.C.G.A. § 51-4-5(b).
What Can a Wrongful Death Attorney Recover for Me?
Unfortunately, no one can bring back your loved one. Monetary compensation is essentially the only remedy available in a wrongful death action. Money is society’s way of recognizing that you have suffered a devastating loss for which you deserve to be compensated. Although money can’t make you whole, it can ease the financial challenges arising from the death of your loved one. Money is also society’s way of punishing the wrongdoer and discouraging others from engaging in the same wrongful behavior. How much your wrongful death case is worth depends on a myriad of factors that are unique to each case.
Generally, wrongful death damages include the “full value of the life of the decedent . . . without deducting for any of the necessary or personal expenses of the decedent had he lived.” O.C.G.A. § 51-4-1 (1). The “full value” of the decedent’s life includes both the economic value of the decedent’s normal life expectancy and intangible losses measured from the decedent’s perspective. See South Fulton Med. Center v. Poe, 224 Ga. App. 107, 112 (1996); Brock v. Wedincamp, 253 Ga. App. 275, 281 (2002) (“the measure of damages isn’t a [surviving] son’s loss from his mother’s absence, but the [deceased] mother’s loss from not being able to raise her son”).
The decedent’s estate may recover additional damages such as:
- Pain and suffering by the decedent before his death
- Funeral, medical, and other necessary expenses
- Punitive damages.
SMITH LAW Can Help
Georgia wrongful death law can be very complicated. Accordingly, you should retain a wrongful death lawyer as soon as possible to preserve your claim. The team at SMITH LAW will determine whether you have a viable wrongful death action, guide you through the legal maze, and help you recover the maximum compensation for your loss.
Located in Dacula in Gwinnett County, SMITH LAW handles wrongful death claims throughout the state of Georgia. Call us at (678) 889-5191 or click the button below to find out whether we can help you too.
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Disclaimer: the information on this website isn’t legal advice and doesn’t create an attorney-client relationship. Don’t rely on the information.