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| Copyright ©2006 by Deming, Parker, Hoffman, Green, Campbell & Daly, L.L.C. All rights reserved. Metro Atlanta, Georgia | Savannah, Georgia You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the above copyright notice. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. |
Green, Campbell & Daly, L.L.C. |
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| 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:
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.
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
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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| Attorneys At Law Since 1974 |
| 770-564-2600 Metro Atlanta 912-527-2000 Savannah |
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