A death in the family is devastating and heart-wrenching, especially when a loved one dies due to someone else’s negligence or intentional acts. Family members left behind are confronted with a sudden loss and left wondering what to do.
When the family of a wrongful death victim contacts Pope McGlamry, we understand their distress and realize it can be a very difficult and emotional process. There are so many questions:
Pope McGlamry has the experience and resources to investigate and litigate wrongful death cases and guide you through the process. Although pursuing a case is unlikely to ease the pain of their loss, it’s a way to help provide compensation for financial losses that result from the loss of your loved one, and not just hold the liable party responsible but potentially prevent future tragedies.
Pope McGlamry has experienced wrongful death attorneys who have helped families recover damages in a wide range of circumstances and types of accidents including:
A wrongful death is any death that was directly or indirectly caused by negligence, willful conduct, or indifference to the safety of others. In some cases, the person is killed instantly or dies shortly after an accident. In other wrongful death cases, the person may die months or even years afterward because of complications or illness tracing back to the injury.
In Georgia, the surviving spouse can file to recover damages from the responsible parties. If there is no surviving spouse, the right to bring the lawsuit passes on to the deceased’s child or children. In cases where there is no surviving spouse or children, the rights pass to the parents of the deceased. If none of these cases apply, the administrator or executor of the estate of the deceased can file a claim on behalf of next of kin. Several statutes outline who can properly bring a wrongful death claim, including OCGA § 51-4-2; OCGA § 51-4-4, and OCGA § 51-4-5.
In Georgia, who can receive compensation resulting from a wrongful death claim is also governed by statute. Georgia’s wrongful death statute dictates that any monies recovered from a wrongful death claim must be divided among the deceased’s surviving spouse and any surviving children. If there are no surviving children, the compensation would all go to the surviving spouse, and vice versa. If the deceased has no surviving spouse or children, any recovery is split up among the heirs as dictated by the terms of the deceased’s will. If there was no will, Georgia’s inheritance laws govern who receives any compensation from the wrongful death claim.
Generally, you have two (2) years from the date of your loved one’s death to file a wrongful death lawsuit. However, some circumstances can delay the start of the statute of limitations, such as if the wrongful death is the result of a criminal act.
Pope McGlamry is a nationally recognized firm based in Atlanta, Georgia. The firm is known for effective counsel in complex litigation, including class actions and catastrophic personal injury cases. We handle each case with care, providing clients with regular updates on their legal options and case status. Contact us today for a free case evaluation.
