Gwinnett County Wrongful Death Attorney
Losing a loved one in a fatal accident is one of life’s most devastating experiences, leaving families to cope with overwhelming grief while facing significant financial burdens. If someone’s negligence or recklessness caused the death of a family member, you have the right to seek justice and compensation through a wrongful death claim.
At Kenney & Medina, P.C., we have more than 70 years of combined experience helping grieving families in Suwanee, across Gwinnett County and throughout Georgia pursue wrongful death claims. We recognize the profound impact that losing a loved one has on families, and we are committed to holding responsible parties accountable.
Understanding Wrongful Death Claims In Georgia
Georgia law allows certain family members to file wrongful death claims when someone dies due to another party’s negligence, recklessness or intentional actions. Fatal car accidents represent one of the most common types of wrongful death cases, including car wrecks, truck accidents, motorcycle accidents and crashes involving pedestrians or bicyclists.
Wrongful death claims can also arise from medical malpractice, workplace accidents, defective products and premises liability incidents.
Who Can File A Wrongful Death Claim In Georgia
Georgia law specifically designates which family members have the legal standing to pursue wrongful death claims. The following individuals may file wrongful death claims in Georgia:
- Surviving spouses
- Children of the deceased when no surviving spouse exists
- Parents of unmarried children who died without surviving spouses or children
- The administrator of the deceased’s estate in cases where no qualifying family members exist
Only one wrongful death claim can be filed per death, and the compensation recovered belongs to the designated survivors rather than the deceased’s estate.
Types Of Compensation Available In Wrongful Death Cases
Wrongful death claims in Georgia can provide compensation for economic and noneconomic losses that families suffer after losing a loved one. Recoverable damages may include the full value of the deceased person’s life, including their earning capacity and the financial support they would have provided to their family. Additional compensation can cover funeral and burial expenses, medical costs related to the decedent’s injury and the pain and suffering experienced by surviving family members.
Frequently Asked Questions About Georgia Wrongful Death Claims
Losing a loved one because of someone else’s negligence can raise many questions. Below are answers to some of the most common questions about Georgia wrongful death claims.
How long do I have to file a wrongful death claim in Georgia?
Georgia law generally requires families to file a wrongful death claim within two years of their loved one’s death. However, related criminal proceedings or estate administration may extend the filing deadline.
Waiting too long can put your right to recover compensation at risk. Our wrongful death lawyers can explain the deadline that applies to your case.
What is the “full value of the life” under Georgia wrongful death law?
Georgia law allows eligible family members to recover the full value of the deceased person’s life, including both financial losses and the value of the life they lived.
- Economic Value: Projected lifetime wages, employment benefits and the value of household services the deceased likely would have provided over the course of their life.
- Intangible Value: The nonfinancial aspects of life that have been lost, including relationships with family, guidance for children, companionship and the enjoyment of everyday experiences.
Because every case is unique, the law considers several factors when determining the full value of a person’s life.
How are wrongful death settlement proceeds divided among family members in Georgia?
Georgia law sets rules for how wrongful death compensation is divided among eligible family members. In general:
- Surviving spouse and children: They share the recovery. However, the law reserves at least one-third of the recovery for the surviving spouse, regardless of the number of children.
- Children: If there is no surviving spouse, the children share the recovery.
- Parents: If there is no surviving spouse or children, the deceased’s parents may recover the compensation.
If no eligible family members exist, Georgia law provides other procedures for pursuing a wrongful death claim. Our attorneys can explain how those rules apply to your family’s circumstances.
What is the difference between a wrongful death claim and an estate claim in Georgia?
A wrongful death claim compensates eligible family members for the full value of the deceased person’s life. An estate claim seeks compensation for losses related to the person’s injury and death, including medical expenses, funeral costs and conscious pain and suffering before death.
Both claims may arise from the same death, but they compensate different losses.
Contact Our Wrongful Death Attorney Team
If you lost a loved one due to someone else’s negligence, contact Kenney & Medina, P.C. Based in Suwanee, we take cases throughout Gwinnett County and the entire state of Georgia. As experienced wrongful death lawyers, we will evaluate your case and help you understand your legal options. Call 770-676-3112 or submit our online contact form to schedule your free consultation.