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How Do I Know If I Have a Georgia Wrongful Death Claim?

How Does Georgia State Law Determine a Wrongful Death Claim?

If a family member dies, you may be entitled under Georgia State law to file a wrongful death claim against the responsible party or parties that caused your loved one’s death. While losing a loved one is an emotional experience, speaking with an Atlanta PI attorney will give you an objective appraisal of the circumstances surrounding your loved one’s death.

The first piece of evidence that must be considered is how your loved one died and if a responsible party or parties can be established for the legal cause of death. There are many ways your loved one can die due to the negligence or recklessness of a third party and includes:

  • Medical malpractice
  • Criminal acts
  • Fatal mass transportation accidents (planes, trains, buses)
  • Car accidents
  • Workplace accident

Since there are many types of ways a loved one can be killed, it is imperative that the circumstances surrounding your loved one are investigated thoroughly. It is imperative that you contact a wrongful death attorney as soon as possible after the death of your loved one. Generally speaking Georgia wrongful death claims can be filed within 2 years of the date of death. While losing a loved one through a wrongful death accident requires a period of mourning, having a wrongful death attorney review your loved one’s fatal accident’s circumstances as soon as possible after the death will preserve justice for you and your loved one.

One of the most important things after learning of your loved one’s death is to determine the exact legal cause of your family member’s death. Here are some tips to better increase your chances of having a wrongful death claim and helping your wrongful death attorney speed up the investigation process:

  • Know the date of death.
  • Know where and when the accident/death occurred.
  • Have any accident reports and medical records available, including the cause of death.
  • Let your wrongful death attorney know if there are any witnesses, photographs, videos or any other type of record of the death.
  • Have a list of all known parties potentially involved in the wrongful death, including all available contact information.

Here is a real world example of the type of information to gather related to a fatal DUI accident:

If your loved one has died from a DUI accident, it would be advantageous to gather as much of the following information for your Fulton County DUI accident lawyer:

  • The accident’s date
  • The police report
  • The first responders/ambulance report
  • The names of all drivers and passengers involved
  • Which driver was at fault
  • The blood alcohol content (BAC) level
  • The coroner’s Cause of Death report

While each piece of evidence may or may not be the same for each type of wrongful death claim, the more information you can provide to your Atlanta wrongful death claim attorney, the more it will help speed up the investigatory process and ultimate decision as to whether or not a wrongful death claim does exist.

Speaking with a wrongful death attorney at the Law Offices of Shane Smith will help you determine if you can seek justice for your deceased loved one and pursue a wrongful death claim. Since the statute of limitations in Georgia is limited, it is essential to speak with one of our PI attorneys as soon as possible. Don’t wait any long, call our law offices at (888) 927-6955.


Shane Smith
Advocate for the Seriously Injured in Georgia