Losing a loved one due to another party’s negligence is devastating, and Georgia law allows surviving family members to seek compensation through a wrongful death claim. In East Point, families can recover both economic damages like medical bills and lost income, and full value of life damages including the deceased’s future earnings and companionship, with no caps on recovery under O.C.G.A. § 51-4-1 and § 51-4-2.
When tragedy strikes and you lose a family member because of someone else’s carelessness or wrongdoing, the emotional weight feels unbearable, and the legal questions that follow can seem impossible to navigate alone. East Point wrongful death claims require understanding Georgia’s specific statutes, tight filing deadlines, and complex rules about who can bring a claim and what damages the law allows. These cases demand not just legal knowledge but also sensitivity to the profound loss your family has experienced, and that is where an experienced East Point wrongful death lawyer becomes essential.
If your family is facing this heartbreaking situation in East Point, Georgia Wrongful Death Attorney P.C. is here to provide compassionate, skilled legal representation. Our team understands the emotional and financial toll of losing a loved one and is committed to fighting for the full compensation your family deserves under Georgia law. Contact us today at (404) 446-0271 or complete our online form to schedule a free consultation and learn how we can help you pursue justice and hold negligent parties accountable.
What Constitutes Wrongful Death in East Point, Georgia
Wrongful death occurs when a person dies due to the negligent, reckless, criminal, or intentional conduct of another party. Under Georgia law, specifically O.C.G.A. § 51-4-1, a wrongful death claim exists when the deceased could have filed a personal injury lawsuit had they survived their injuries. This statute creates a unique right of action that belongs to the surviving family members rather than the deceased person’s estate.
The legal definition encompasses deaths caused by car accidents, medical malpractice, defective products, workplace incidents, nursing home neglect, and violent crimes. What matters legally is not just that death occurred, but that it resulted from conduct that breached a duty of care owed to the deceased. For example, if a driver runs a red light in East Point and kills a pedestrian, that driver’s negligence violated their duty to follow traffic laws and drive safely, creating grounds for a wrongful death claim under Georgia statute.
Who Can File a Wrongful Death Claim in East Point
Georgia’s wrongful death statute establishes a strict hierarchy determining who has legal standing to file a claim. Under O.C.G.A. § 51-4-2, the right to bring a wrongful death action follows a specific order of priority that cannot be altered by the deceased person’s will or by agreement among family members.
The surviving spouse holds the primary right to file the wrongful death claim. If the deceased was married at the time of death, the spouse must bring the action and, if there are children, the spouse and children share the recovery equally. If there is no surviving spouse, the children collectively have the right to file, and they share any recovery equally among themselves regardless of age.
When neither a spouse nor children survive the deceased, the parents become the proper parties to file the wrongful death claim. If both parents are living, they share the right to file and any recovery equally. Finally, if no spouse, children, or parents survive, the administrator or executor of the deceased person’s estate may file the claim, with any recovery becoming part of the estate and distributed according to Georgia’s intestacy laws under O.C.G.A. § 53-2-1.
Types of Damages Available in East Point Wrongful Death Cases
Georgia wrongful death law allows recovery of two distinct categories of damages, each serving different purposes and calculated under different legal standards. Understanding both categories is crucial because together they represent the full compensation available to surviving family members.
Full Value of the Life of the Deceased
The primary measure of damages in a Georgia wrongful death case is the full value of the life of the deceased from the perspective of the deceased. This amount includes both economic and non-economic elements and has no statutory cap under O.C.G.A. § 51-4-1. The economic component encompasses the deceased person’s expected future earnings, including salary, benefits, bonuses, and any other income they would have generated over their working life.
The non-economic component covers intangible losses such as the value of the deceased person’s companionship, society, advice, and the overall experience of living their life. Georgia courts recognize that every life has inherent value beyond financial contributions, and juries have broad discretion to determine this value based on evidence about the deceased person’s character, relationships, health, and life expectancy.
Estate’s Recovery for Medical and Funeral Expenses
Separately from the full value of life claim, the estate of the deceased may recover specific economic damages under O.C.G.A. § 51-4-5. These damages include medical expenses incurred between the time of injury and death, funeral and burial costs, and in cases involving conscious pain and suffering before death, compensation for that suffering. This claim technically belongs to the estate rather than the surviving family members, though the same family members typically benefit from the recovery.
Common Causes of Wrongful Death in East Point
Wrongful deaths in East Point result from various types of negligent, reckless, and intentional conduct. Understanding the common causes helps families recognize when they may have grounds for a claim and what evidence will be important to preserve.
Motor vehicle accidents represent the leading cause of wrongful death claims in Georgia communities like East Point. These incidents include collisions involving passenger cars, commercial trucks, motorcycles, pedestrians, and bicyclists. Factors such as distracted driving, speeding, driving under the influence, and failure to yield right-of-way frequently contribute to fatal crashes on East Point roads and nearby highways.
Medical malpractice occurs when healthcare providers fail to meet accepted standards of care, resulting in patient death. Common examples include surgical errors, misdiagnosis or delayed diagnosis of serious conditions like cancer or heart disease, medication errors, anesthesia mistakes, and birth injuries. Georgia law requires expert testimony to establish the applicable standard of care and how the provider’s conduct fell below that standard.
Premises liability deaths happen when dangerous property conditions cause fatal injuries. Property owners and occupiers in East Point have a legal duty under O.C.G.A. § 51-3-1 to maintain reasonably safe conditions for lawful visitors. Fatal premises liability accidents include slip and falls, inadequate security leading to violent crime, swimming pool drownings, fires, and structural failures.
Workplace accidents, particularly in construction, manufacturing, and industrial settings, can result in wrongful death. While Georgia’s workers’ compensation system typically provides the exclusive remedy for workplace deaths under O.C.G.A. § 34-9-11, families may have wrongful death claims against third parties whose negligence contributed to the fatal incident, such as equipment manufacturers or subcontractors.
Defective products cause wrongful deaths when design flaws, manufacturing defects, or inadequate warnings make products unreasonably dangerous. Examples include defective vehicle components, dangerous pharmaceuticals, faulty medical devices, and unsafe consumer products. Product liability claims may proceed under theories of strict liability, negligence, or breach of warranty.
Nursing home neglect and abuse tragically cause preventable deaths among vulnerable elderly residents. Fatal neglect includes failure to provide adequate nutrition, hydration, medical care, supervision, or assistance with daily living activities. Georgia’s Residents’ Bill of Rights under O.C.G.A. § 31-8-90 establishes standards of care for long-term care facilities.
The Wrongful Death Claims Process in East Point
Understanding how a wrongful death claim proceeds from initial consultation through resolution helps families know what to expect during this difficult time. Each stage serves specific legal and practical purposes.
Initial Consultation and Case Evaluation
The process begins when you contact an East Point wrongful death lawyer for a consultation. During this meeting, the attorney will listen to the circumstances of your loved one’s death, review any documents you have gathered, and evaluate whether you have a viable wrongful death claim under Georgia law. The attorney will explain the legal process, discuss the potential timeline, and outline what information and evidence will be needed.
Most wrongful death attorneys work on a contingency fee basis, meaning you pay no attorney fees unless your case results in a settlement or verdict in your favor. This arrangement allows families to pursue justice without upfront legal costs during an already financially difficult time.
Investigation and Evidence Collection
Once you retain an attorney, they immediately begin gathering evidence to build your case. This investigation includes obtaining police reports, medical records, autopsy reports, employment records showing the deceased’s earnings, and witness statements. Your attorney may work with accident reconstruction experts, medical experts, economists to calculate lost earnings, and other specialists depending on the nature of your case.
Preserving evidence quickly matters because witness memories fade, physical evidence can disappear, and Georgia’s discovery rules allow your attorney to obtain information more effectively once a case is formally opened. The strength of this investigation directly affects both settlement negotiations and trial outcomes.
Filing the Wrongful Death Lawsuit
If settlement negotiations do not produce a fair offer, your attorney will file a wrongful death complaint in the appropriate Georgia court, typically the Superior Court in Fulton County for East Point cases. The complaint formally states the legal basis for your claim, describes how the defendant’s conduct caused your loved one’s death, identifies the damages you seek, and establishes that you have legal standing to bring the action under O.C.G.A. § 51-4-2.
Georgia’s statute of limitations for wrongful death claims under O.C.G.A. § 9-3-33 generally requires filing within two years of the date of death. Missing this deadline typically results in permanent loss of your right to pursue the claim, with very limited exceptions.
Discovery Phase
After the lawsuit is filed, both sides exchange information through the discovery process. This phase includes written questions called interrogatories, requests for documents, and depositions where witnesses and parties answer questions under oath. Discovery allows each side to understand the other’s evidence and legal theories, often taking several months to complete.
Your attorney will prepare you for your deposition if needed and will depose key witnesses including the defendant and expert witnesses. The information gathered during discovery shapes settlement negotiations and trial strategy.
Settlement Negotiations
Most wrongful death cases settle before trial, often during or after discovery when both sides have thoroughly evaluated the evidence. Your attorney will present a demand to the defendant or their insurance company, backed by evidence of liability and damages. Negotiations may occur through direct discussions, mediation sessions with a neutral mediator, or formal settlement conferences.
Your attorney has a duty to communicate all settlement offers to you and to provide advice about whether an offer fairly compensates your family, but you make the final decision about whether to accept a settlement. If the defendant refuses to offer fair compensation, your case proceeds to trial.
Trial
If your case goes to trial, a jury will hear evidence from both sides, receive instructions on Georgia law from the judge, and deliberate to reach a verdict. Wrongful death trials typically last several days to several weeks depending on complexity. Your attorney will present evidence establishing the defendant’s liability, proving the full value of your loved one’s life, and countering the defense’s arguments.
Georgia juries have broad discretion in determining the full value of life damages, and verdicts can be substantial when the evidence supports significant economic and non-economic losses. If the jury returns a verdict in your favor, the court enters a judgment requiring the defendant to pay the awarded amount plus court costs.
Georgia’s Statute of Limitations for Wrongful Death Claims
Time limits for filing wrongful death claims are strictly enforced in Georgia, and understanding these deadlines is crucial to protecting your family’s legal rights. Under O.C.G.A. § 9-3-33, the statute of limitations for wrongful death claims is two years from the date of the deceased person’s death. This deadline is firm, and courts generally lack discretion to extend it once the two-year period expires.
The date of death triggers the statute of limitations, not the date of the underlying incident or injury. For example, if someone is injured in a car accident on January 1, 2023, but dies from those injuries on February 1, 2023, the two-year deadline runs from February 1, 2023, giving the family until February 1, 2025, to file suit. This distinction matters because sometimes significant time passes between injury and death.
Certain limited exceptions may extend or toll the statute of limitations in specific circumstances. If the defendant fraudulently concealed facts that prevented discovery of the claim, the statute may be tolled under O.C.G.A. § 9-3-96 until the fraud is discovered or reasonably should have been discovered. If the potential defendant leaves Georgia to avoid service of process, the time of absence may not count toward the limitation period. Additionally, if the proper party to bring the wrongful death claim is legally incompetent or a minor, special tolling rules may apply.
Criminal prosecution of the person responsible for the death does not extend the civil statute of limitations. The criminal case and civil wrongful death claim proceed on independent timelines, and you must file your civil claim within two years regardless of whether criminal charges are pending or have been resolved. Waiting for a criminal case to conclude risks losing your civil claim entirely if the two-year deadline passes.
Differences Between Wrongful Death and Survival Actions in Georgia
Georgia law provides two distinct types of legal actions that may arise from a death caused by negligence or wrongful conduct, and understanding the difference helps families pursue all available compensation. A wrongful death claim under O.C.G.A. § 51-4-1 compensates surviving family members for the full value of the deceased’s life from the deceased’s perspective. In contrast, a survival action under O.C.G.A. § 51-4-5 allows the estate to recover damages that the deceased could have claimed had they survived.
The wrongful death claim belongs to the surviving spouse, children, parents, or estate administrator as specified by statute, and the recovery goes directly to those family members. A survival action belongs to the deceased person’s estate and is brought by the estate’s executor or administrator, with any recovery becoming part of the estate and distributed according to the will or Georgia’s intestacy laws.
Wrongful death damages include the full value of the deceased’s life, encompassing both their future earnings and the intangible value of their life experience, relationships, and loss to the family. Survival action damages are limited to medical expenses incurred between injury and death, funeral and burial expenses, and conscious pain and suffering experienced by the deceased before death. These categories do not overlap, meaning families can potentially recover under both theories if the facts support each claim.
The same two-year statute of limitations under O.C.G.A. § 9-3-33 applies to both wrongful death and survival actions. An experienced East Point wrongful death lawyer will evaluate whether your case supports both claims and will pursue all available avenues of recovery to maximize compensation for your family.
How Comparative Negligence Affects Wrongful Death Claims
Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33 that can significantly impact wrongful death recovery. This statute allows recovery even when the deceased person was partially at fault for the incident that caused their death, but it reduces the recovery proportionately and bars recovery entirely if the deceased was 50 percent or more at fault.
Under this rule, the jury first determines the total amount of damages and then assigns a percentage of fault to each party involved in causing the death. If the deceased is found 30 percent at fault and the defendant 70 percent at fault, the total damages award is reduced by 30 percent before judgment is entered. For example, if the jury awards two million dollars but finds the deceased 30 percent at fault, the final judgment would be for 1.4 million dollars.
The 50 percent bar is absolute. If the jury determines the deceased person was 50 percent or more responsible for their own death, Georgia law prohibits any recovery at all regardless of the severity of the defendant’s negligence or the amount of damages proved. This creates a crucial threshold that defendants often attempt to reach by arguing the deceased’s contributory fault.
Comparative negligence commonly arises in motor vehicle wrongful death cases where defendants argue the deceased driver was speeding, distracted, or violated traffic laws. It also appears in premises liability cases where property owners claim the deceased ignored warnings or ventured into obviously dangerous areas. An experienced attorney anticipates these defense arguments and develops evidence demonstrating the defendant’s overwhelming responsibility for the death.
Selecting an East Point Wrongful Death Lawyer
Choosing the right attorney to represent your family in a wrongful death claim is one of the most important decisions you will make during this difficult time. Several key factors should guide your selection process to ensure you receive skilled, compassionate representation.
Experience specifically handling wrongful death cases matters tremendously. Georgia wrongful death law involves unique statutes, procedural rules, and damage calculations that differ from other personal injury claims. Ask potential attorneys how many wrongful death cases they have handled, what results they achieved, and whether they have taken wrongful death cases to trial. An attorney with a proven track record in this specific area brings invaluable knowledge to your case.
Resources to fully investigate and prosecute your claim distinguish well-established firms from solo practitioners with limited capacity. Wrongful death cases often require expensive expert witnesses, extensive discovery, and considerable time investment before any recovery occurs. Ensure your attorney has the financial resources and professional network to build the strongest possible case without cutting corners.
Trial experience cannot be overstated because insurance companies evaluate settlement offers based partly on whether they believe your attorney will actually take the case to trial if necessary. Attorneys known for settling cases cheaply receive lower settlement offers than attorneys with strong trial reputations. Ask about the attorney’s trial experience, recent verdicts, and willingness to go to court if settlement negotiations fail.
Communication and accessibility matter during the emotionally challenging months or years your case may take. You should feel comfortable asking questions, and your attorney should respond promptly and explain legal developments in understandable terms. During your initial consultation, evaluate whether the attorney listens carefully, shows genuine compassion for your situation, and treats you with respect.
Fee structure should be clearly explained upfront. Most wrongful death attorneys work on contingency, typically charging a percentage of any recovery rather than hourly fees. Understand what percentage the attorney charges, whether it increases if the case goes to trial, and what case expenses you may be responsible for regardless of outcome. Reputable attorneys provide written fee agreements detailing these terms.
Compensation Available in East Point Wrongful Death Cases
Understanding the types and amounts of compensation potentially available helps families set realistic expectations and evaluate settlement offers. Georgia’s wrongful death statute provides for substantial recovery with no statutory caps on damages in most cases.
Economic damages under the full value of life calculation include all income the deceased would have earned over their expected working life. This calculation considers the deceased’s actual earnings at the time of death, expected raises and promotions, benefits including health insurance and retirement contributions, and the number of years they would have continued working based on life expectancy. Economists and vocational experts typically provide testimony establishing these figures using actuarial tables and industry data.
Non-economic damages represent the intangible value of the deceased person’s life, including companionship, guidance, protection, care, and the value of the life experience they would have enjoyed. Georgia juries have substantial discretion in determining this amount, and awards vary based on factors like the deceased’s age, health, relationships with family, contributions to the household, and the nature of those relationships. Young parents often generate higher non-economic damages because of the decades of companionship and guidance their children will miss.
Medical and funeral expenses recover the specific costs incurred by the estate, including emergency medical treatment, hospitalization, surgery, medications, funeral services, burial or cremation, and related expenses. These damages require documentation through bills and receipts and are typically straightforward to prove.
Punitive damages may be available in cases involving willful misconduct, malice, fraud, wantonness, oppression, or conscious indifference to consequences under O.C.G.A. § 51-12-5.1. These damages punish the defendant and deter similar conduct rather than compensating the family. Georgia caps punitive damages at 250,000 dollars in most cases, with exceptions for cases involving specific intent to harm and DUI cases where no cap applies.
Settlement amounts vary dramatically based on the specific facts of each case, the strength of liability evidence, the deceased’s age and earning capacity, and the quality of legal representation. Families should be skeptical of attorneys who promise specific dollar amounts during initial consultations because every case depends on unique factors that must be thoroughly investigated.
The Role of Insurance in Wrongful Death Claims
Understanding how insurance coverage affects your wrongful death claim helps set realistic expectations about recovery and identifies all potential sources of compensation. Most wrongful death claims ultimately resolve through insurance companies rather than defendants personally paying judgments.
Liability insurance carried by the at-fault party typically provides the primary source of recovery. For motor vehicle accidents, the at-fault driver’s auto insurance policy includes bodily injury liability coverage that applies to wrongful death claims. Georgia requires minimum liability coverage of 25,000 dollars per person and 50,000 dollars per accident under O.C.G.A. § 33-34-4, though many drivers carry higher limits. Commercial vehicles often carry policies with limits of one million dollars or more.
Policy limits represent the maximum amount the insurance company will pay regardless of the verdict amount. If a jury awards three million dollars but the defendant’s policy limit is 500,000 dollars, the insurance company pays only its 500,000 dollar limit unless the defendant has personal assets from which to satisfy the remainder. This reality makes identifying all available insurance coverage crucial to maximizing recovery.
Uninsured and underinsured motorist coverage on your own auto insurance policy may provide additional recovery in motor vehicle wrongful death cases. If the at-fault driver has no insurance or inadequate coverage to fully compensate your loss, your UM/UIM coverage can fill the gap up to your policy limits. Georgia law allows stacking of UM/UIM coverage in certain circumstances, potentially providing substantial additional recovery.
Premises liability cases involve the property owner’s general liability or commercial liability insurance. Business owners typically carry substantial coverage, while homeowners rely on homeowner’s insurance policies that include liability coverage, usually with limits between 100,000 and 500,000 dollars.
Medical malpractice wrongful death claims involve professional liability insurance carried by healthcare providers. Georgia law does not cap medical malpractice damages, and physician malpractice policies typically carry limits of one million dollars or more per claim. Hospitals often carry much higher limits or may be self-insured.
Why Families Choose Georgia Wrongful Death Attorney P.C.
When facing the devastating loss of a loved one, families throughout East Point and Fulton County trust Georgia Wrongful Death Attorney P.C. to provide the skilled, compassionate representation they need during this incredibly difficult time. Our firm focuses exclusively on wrongful death and serious injury cases, giving us deep expertise in Georgia’s complex wrongful death statutes and the practical experience to maximize recovery for grieving families.
We understand that no amount of money can bring back your loved one, but we also know that holding negligent parties accountable and securing full compensation provides a measure of justice and helps families maintain financial stability despite their loss. Our attorneys have successfully represented families in wrongful death claims involving motor vehicle accidents, medical malpractice, premises liability, workplace incidents, and many other causes, recovering millions of dollars for clients throughout Georgia.
Georgia Wrongful Death Attorney P.C. combines thorough investigation, aggressive negotiation, and proven trial skills to achieve the best possible outcomes. We work with leading experts, leave no stone unturned in building your case, and refuse to recommend settlements that do not fully compensate your family’s loss. Insurance companies know our reputation for taking cases to trial when necessary, which strengthens our negotiating position and often results in higher settlement offers.
Frequently Asked Questions About East Point Wrongful Death Claims
How long do I have to file a wrongful death lawsuit in East Point?
Georgia’s statute of limitations under O.C.G.A. § 9-3-33 gives you two years from the date of death to file a wrongful death lawsuit. This deadline is strictly enforced, and missing it almost always results in permanent loss of your right to pursue compensation regardless of how strong your case may be. The two-year clock starts on the date your loved one died, not the date of the incident that caused their injuries.
Limited exceptions may extend this deadline in rare circumstances, such as when the defendant fraudulently concealed information that prevented you from discovering you had a claim, or when the proper party to bring the claim is a minor or legally incompetent. However, these exceptions are narrow and fact-specific, and families should never rely on potential exceptions. Contacting an experienced East Point wrongful death lawyer as soon as possible after your loss ensures you meet all deadlines and preserves critical evidence.
Can I file a wrongful death claim if my loved one was partially at fault?
Yes, you can file a wrongful death claim even if your loved one was partially at fault for the incident that caused their death, but your recovery will be reduced proportionately under Georgia’s comparative negligence rule in O.C.G.A. § 51-12-33. This statute allows recovery as long as the deceased was less than 50 percent responsible for their death, but bars recovery entirely if the deceased was 50 percent or more at fault.
For example, if the jury finds your loved one was 30 percent at fault for a fatal car accident and awards two million dollars in damages, your recovery would be reduced by 30 percent to 1.4 million dollars. If the jury finds your loved one was 50 percent or more at fault, you recover nothing regardless of the defendant’s negligence or the severity of your damages. Insurance companies and defense attorneys often argue comparative negligence to reduce their liability, making skilled legal representation essential to minimize any fault attributed to the deceased and maximize your family’s recovery.
What damages can my family recover in an East Point wrongful death case?
Georgia wrongful death law allows your family to recover two main categories of damages with no statutory caps in most cases. The primary recovery is the full value of the life of the deceased under O.C.G.A. § 51-4-1, which includes both economic damages like lost future earnings, salary, benefits, and income your loved one would have earned, and non-economic damages representing the intangible value of their life including companionship, guidance, and life experiences. This amount has no limit and juries have broad discretion to determine appropriate compensation.
Separately, the estate can recover specific economic damages under O.C.G.A. § 51-4-5 including medical expenses incurred between the injury and death, funeral and burial costs, and compensation for any conscious pain and suffering your loved one experienced before dying. Additionally, punitive damages may be available in cases involving willful misconduct, malice, or conscious indifference to consequences, though these are capped at 250,000 dollars in most cases. An experienced wrongful death attorney will thoroughly evaluate all potential damages and work with expert witnesses to present compelling evidence supporting maximum recovery for your family.
Who receives the money from a wrongful death settlement or verdict?
The distribution of wrongful death proceeds depends on which family members survived the deceased. Under O.C.G.A. § 51-4-2, if the deceased was married with children, the surviving spouse and children share the recovery equally with the spouse receiving no less than one-third. If there are only children and no surviving spouse, the children share equally regardless of age. If there is a surviving spouse but no children, the spouse receives the entire recovery.
When there is no surviving spouse or children, the deceased’s parents become entitled to the full recovery and share equally if both are living. If no spouse, children, or parents survive, the wrongful death recovery goes to the estate and is distributed according to the deceased’s will or Georgia’s intestacy laws if there was no will. This statutory distribution cannot be changed by the deceased’s will or by agreement among family members, and the court strictly enforces these priority rules when entering judgment.
How much does it cost to hire an East Point wrongful death lawyer?
Most wrongful death attorneys, including Georgia Wrongful Death Attorney P.C., work on a contingency fee basis meaning you pay no attorney fees unless your case results in a settlement or verdict in your favor. The attorney’s fee is typically a percentage of the recovery, commonly ranging from 33 to 40 percent depending on whether the case settles before trial or proceeds through litigation and trial. This arrangement allows families to pursue justice without paying hourly fees or upfront costs during an already financially difficult time.
Case expenses such as filing fees, expert witness fees, deposition costs, and investigation expenses may be handled differently depending on the firm’s policy. Some firms advance these costs and deduct them from the final recovery, while others may require clients to pay certain expenses regardless of outcome. During your initial consultation, ask for a written fee agreement that clearly explains the fee percentage, how expenses are handled, and exactly what you will pay if the case is successful. Reputable attorneys provide this information upfront in writing so families can make informed decisions.
Can I file a wrongful death claim if the person responsible is being criminally prosecuted?
Yes, you can and should file a civil wrongful death claim even if criminal charges are pending or have been filed against the person responsible for your loved one’s death. Criminal prosecution and civil wrongful death claims are completely independent legal proceedings with different purposes, different standards of proof, and different timelines. The criminal case seeks to punish the defendant through incarceration, fines, or probation, while your civil claim seeks monetary compensation for your family’s losses.
The criminal case does not extend Georgia’s two-year statute of limitations for your civil claim under O.C.G.A. § 9-3-33, meaning you must file your wrongful death lawsuit within two years of the death regardless of whether the criminal case is still pending. Waiting for the criminal case to conclude before filing your civil claim risks losing your right to compensation entirely if the two-year deadline passes. A criminal conviction can strengthen your civil case by establishing liability, but you do not need to wait for the criminal case to resolve before pursuing your civil claim.
Contact a East Point Wrongful Death Lawyer Today
Losing a loved one due to someone else’s negligence is an overwhelming tragedy no family should face alone. Georgia Wrongful Death Attorney P.C. stands ready to provide the compassionate, skilled legal representation your family needs to pursue justice and hold negligent parties accountable. We understand the emotional and financial devastation wrongful death causes, and we are committed to fighting for the full compensation your family deserves under Georgia law. Our experienced attorneys handle every aspect of your claim so you can focus on grieving and healing while we handle the legal battle.
Do not let insurance companies minimize your loss or pressure you into accepting an inadequate settlement. Georgia’s two-year statute of limitations means time is critical, and early investigation often uncovers evidence that might otherwise be lost. Contact Georgia Wrongful Death Attorney P.C. today at (404) 446-0271 or complete our online form to schedule a free, confidential consultation. We work on a contingency fee basis, so you pay no attorney fees unless we recover compensation for your family. Let us help you pursue the justice your loved one deserves.