What is a Wrongful Death?
A wrongful death in Georgia is any death that was brought about by the negligent or criminal conduct of another person. There are many examples:
- A motorist carelessly backs up their vehicle without checking their mirrors or looking over their shoulder. Because of this negligent behavior, they could strike a pedestrian and kill him.
- A driver weaves in and out of traffic, ultimately losing control and crashing into another vehicle. This conduct has caused a wrongful death.
- A driver in a fit of road rage takes a baseball bat out of his trunk and strikes a person in the head, killing them. This criminal act supports a wrongful death case.
- A woman lies in wait for her ex-husband to come home and shoots him. She has committed a criminal act, which also qualifies as a wrongful death.
It isn’t vital that family members identify whether the conduct at issue is covered by the statute. Instead, let a Rockdale County wrongful death lawyer determine whether your loved one’s death was wrongful.
Who Can Bring a Wrongful Death Lawsuit?
O.C.G.A. § 51-4-2 allows a surviving spouse to file a wrongful death lawsuit. If the spouse had children with the deceased person, then the spouse also represents the minor children’s interest in the case.
If there is no spouse or children, then the lawsuit can be brought by the deceased person’s parents or by the estate’s personal representative. You can find the identity of the person nominated to serve as personal representative in your loved one’s will, or the probate court will appoint someone.
When Do We File a Wrongful Death Lawsuit?
You should not delay. Georgia’s statute of limitations states that you have two years from the date of death to file suit. So if a loved one died on August 1, 2019, then you have until August 1, 2021. Ideally, you will meet with an attorney as soon as possible. Your attorney can decide how much time remains and can file a lawsuit in an appropriate court if necessary.
Contact a Rockdale County Wrongful Death Lawyer Today
MG Law is a leading Georgia law firm that has brought several wrongful death lawsuits. We understand the complexity of this area of law quite well and will do everything we can to get the maximum compensation for you and your family.
To speak with a member of our team, please contact us today. We offer a free consultation.