When a preventable accident takes someone’s life, the family may have legal rights under Georgia law. A Brookhaven wrongful death lawyer at John Foy & Associates can determine what claims may be available, who has the right to bring them, and which losses can be pursued.
John Foy founded our firm in 1999 with an emphasis on respect, open communication, and personalized care. Since then, John Foy & Associates has recovered more than $1 billion for injured clients and families throughout Georgia, while remaining closely connected to the Atlanta community.
If you have questions about a fatal accident, contact us for a free consultation with a Brookhaven personal injury lawyer.
What a Wrongful Death Claim Means in Georgia
Georgia law allows certain family members to seek the full value of a person’s life when a death results from negligent, reckless, intentional, or criminal conduct. Our Atlanta wrongful death lawyers handle these civil claims separately from any criminal prosecution that may arise from the same death.
A wrongful death case does not depend on criminal charges being filed or a defendant being convicted. The civil claim has its own legal standards and can proceed even when there is no criminal case.
Wrongful Death and Estate Claims Are Different
A fatal accident can sometimes give rise to more than one type of claim. The wrongful death claim seeks the full value of the deceased person’s life for the beneficiaries entitled to recover under Georgia law.
A separate claim brought through the estate may address losses belonging to the deceased person or the estate, including medical and funeral expenses resulting from the fatal injury. A survival claim can also seek damages for pain and suffering the person experienced between the injury and death when the evidence supports those damages.
A wrongful death attorney in Brookhaven can determine which claims apply and who has authority to pursue each one.
Who Can File a Georgia Wrongful Death Claim?
Georgia law establishes an order for who may bring a wrongful death action. Not all family members have an equal right to file at the same time.
For the death of a spouse or parent, the order generally works as follows:
- The surviving spouse has the right to bring the wrongful death claim.
- If there is no surviving spouse, the deceased person’s child or children may bring the claim.
- For the death of a child, the parents may have the right to recover when the statutory requirements are met.
- If no person is entitled to bring the claim under Georgia’s wrongful death statutes, the executor or administrator may be able to pursue the full value of the deceased person’s life for the next of kin.
When a surviving spouse brings the claim and there are surviving children, Georgia law governs the distribution of the recovery. The spouse and children generally share the recovery, but the surviving spouse must receive at least one-third.
Family relationships and estate administration can affect who has authority to act. We review those issues early, so the appropriate person brings each available claim.
Damages Available in a Georgia Wrongful Death Case
Georgia’s wrongful death law allows recovery of the “full value of the life” of the deceased person. This includes both economic and intangible components viewed from the perspective of the person who died.
The economic component may include the value of expected lifetime earnings and services, reduced by appropriate considerations under Georgia law. The intangible component addresses the value the person placed on life, including the relationships, activities, and experiences they lost when their life was cut short.
Damages Available Through the Estate
Separate estate or survival claims may allow recovery for losses such as:
- Medical expenses resulting from the final injury.
- Funeral and burial expenses.
- Other necessary expenses resulting from the injury and death.
- Conscious pain and suffering before death, when supported by the evidence.
These categories are legally distinct from the family’s wrongful death recovery. We examine the available records, employment history, family circumstances, medical evidence, and other documentation to identify the damages supported by each claim.
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How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?
Georgia generally applies a two-year statute of limitations to wrongful death actions. In many cases, that period runs from the date of death.
There are circumstances that can affect the calculation. For example, Georgia law can toll certain tort limitations periods while a related criminal prosecution is pending, subject to statutory limits. Estate claims can also involve separate rules concerning periods when the estate has no representative.
Claims against government entities may carry additional notice requirements that arise before the ordinary lawsuit deadline. For that reason, families should not assume they automatically have two full years to take action.
What to Expect When You Work With Our Brookhaven Wrongful Death Attorneys
Families often come to us while they are simultaneously dealing with grief, insurance questions, financial concerns, and paperwork related to an estate. We begin by determining what happened and explaining which legal claims may apply to your circumstances.
If we take your case, our work may include:
- Determining who has the authority to bring the available claims.
- Investigating the event that caused the death.
- Identifying potentially liable parties and insurance coverage.
- Collecting medical, employment, financial, and accident records.
- Communicating with insurers and opposing parties.
- Evaluating the damages supported by the evidence.
- Reviewing and negotiating settlement offers.
- Filing a lawsuit and preparing the case for trial when necessary.
We keep you informed throughout the case and explain significant developments in direct language. You should know what we are doing, what decisions need to be made, and where the case stands.
John Foy & Associates handles wrongful death cases on a contingency fee basis. You do not pay attorney fees unless we recover compensation for you, and the fee percentage is agreed upon before representation begins.
Talk With Our Wrongful Death Lawyers in Brookhaven Today
At John Foy & Associates, we have represented Georgia families for more than 25 years. We offer free consultations, are available 24/7, and approach these cases with the respect, communication, and individualized attention that have guided our firm since 1999.
Contact us to discuss what happened with one of our Brookhaven wrongful death attorneys. We can review the circumstances, identify the legal options available to your family, and explain what it would involve to pursue a claim.
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