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Clayton County Wrongful Death Attorney I Commonly Asked Questions

Georgia Wrongful Death Attorney Shane Smith Answers Questions Surrounding Georgia Law

Georgia wrongful death law answers many family’s questions surrounding the circumstances surrounding their loved one and what rights their deceased loved one is entitled to and the family of the deceased victim. The statute that makes a wrongful death a legal concept is defined according to O.C.G.A. § 51-4-2.

The following guide will answer some questions that you or the family of a deceased victim may have. Since the circumstances surrounding a tragic death of a loved one are unique, the most efficient method to determine if you have a wrongful death claim is to speak with a Clayton County wrongful death attorney. When you call the Law Offices of Shane Smith at (770) 487-8999, you will be able to determine what you and your deceased loved one are entitled to under Georgia law.

Who can Commence a Wrongful Death Claim?

Based on the law, a lawsuit can be filed by different people depending on the deceased’s surviving family. The first available person to file a wrongful death claim is a living deceased’s spouse. If the deceased is not married nor has a deceased spouse, the next permissible party to sue is an adopted or biological child. If neither of the aforementioned parties are still living, and the deceased’s parents are living, the victim’s biological parents may commence a wrongful death claim. If all of these options are not available, the Executor or Administrator of the estate may file a lawsuit.       

What Damages are Available in a Wrongful Death Claim?

There are two types of damages available in a wrongful death lawsuit. The first type of damages is an economic component. The second type is a non-economic component. According to O.C.G.A. § 51-4-1(1) beneficiaries are entitled to the complete value of the decedent’s life as demonstrated by the trial evidence. The economic component refers to the value of the decedent’s future ability to earn money. The non-economic component refers to losses including the loss of life, loss of enjoyment of life, etc.

Where are Wrongful Death Lawsuits Filed?

Wrongful death lawsuits are normally filed in the geographically appropriate State and Superior court in the Georgia courts of original trial jurisdiction. If, however, an administrator or executor of an estate must file a wrongful death lawsuit, it must also go through the probate court.

If you have lost a loved one due to the negligence or recklessness of an at-fault party, you may have a wrongful death claim. Speaking with a Clayton County wrongful death lawyer at the Law Offices of Shane Smith enables you to understand what you are entitled to under Georgia Law. Call our law firm today at (770) 487-8999 and schedule you free legal consultation with a Clayton County wrongful death lawyer today!


Shane Smith
Advocate for the Seriously Injured in Georgia