A wrongful death claim arises when a person’s death is caused by the negligence or wrongdoing of another person, corporation, or government entity. In Georgia, an heir, heirs, or personal representative of the deceased person’s estate may maintain a wrongful death claim; however, the lawsuit is filed in the name of the estate, not in the name of the individual family member.  Any settlement or jury verdict is awarded to the estate and distributed to heirs according to applicable probate laws. Generally, a deceased person’s spouse, children, stepchildren, parents, and dependent relatives qualify as heirs. Wrongful death claims can arise in many situations, such as auto accidents, trucking accidents, medical malpractice, or due to dangerous premises. If you have lost a loved one in an accident caused by the fault of another, it is important to contact an attorney immediately.

If you have lost a loved one due to the negligence or wrongful act of another, it is important to seek immediate legal representation. Georgia has statutes of limitations that generally limit the amount of time a plaintiff can bring most claims to within two years of the date of death; otherwise, your claim may be barred by statute and you will lose the opportunity to recover for your losses. However, this time limit may be tolled in certain circumstances, such as when the victim of the injury was a minor or mentally incompetent. It is important to consult an experienced attorney as soon as possible in order to fully preserve your rights.