Wrongful Death

    A "wrongful death" is a death due to the negligence, wrongful act or misconduct of another.  Wrongful death is
    a basis for a lawsuit and it can be brought against an individual, corporation or other legal entity. Persons such
    as the decedent's immediate family members (surviving spouses and children, and sometimes parents or
    siblings) may bring the action as a representative of the deceased individual’s estate.  Actions for personal
    injury, conscious pain and suffering, or medical expenses incurred prior to the decedent's death are also
    brought by the personal representative. The damage awards from these actions belong to the estate and may
    pass to different parties as directed by the decedent's will or under the Georgia laws of descent and distribution
    if the decedent did not have a will.

    A legal cause of action for wrongful death may arise out of a number of different circumstances, such as the
    following:


    •        A motor vehicle accident
    •        Airplane accident
    •        Criminal behavior resulting in death
    •        Defective drugs or medication
    •        Faulty equipment and products liability
    •        Medical malpractice resulting in death
    •        Negligent act of a third party
    •        Negligent security
    •        Reckless act by another person


           Typically, the statute of limitations to bring a wrongful death action in Georgia is two years.  If the action
    is against the county, state or other local entity, an ante litem notice needs to be timely sent, sometimes within
    as soon as six months from the date of the injury and/or death.  Those time periods may vary depending on the
    type of injury that the decedent suffered from and whether it was known or foreseeable that an action existed
    at the time of death.  

    In a wrongful death action, pecuniary or financial injury is the main measure of damages. Pecuniary injuries
    usually are interpreted as including the loss of support, services, lost prospect of inheritance, and medical
    and funeral expenses. Additionally, punitive damages may be available in a wrongful death action in which
    there was malicious or reprehensible conduct by that of the defendant.  If the appointed representative of the
    decedent’s estate paid for or are responsible for the decedent's funeral or medical care, then those expenses
    may be recovered as well.

    If you think that you, or someone you are close to, may have a claim for a wrongful death, immediately contact
    one of our attorneys so that they may better help you examine your case and advise you.  It is important to
    preserve any evidence  you feel may be beneficial to your case.

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Deming, Parker, Hoffman, Campbell & Daly, L.L.C.
Attorneys At Law Since 1974    
770-564-2600 Metro Atlanta  912-527-2000 Savannah
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