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What Conley Family Members Need to Know About a Georgia Wrongful Death Claim

Maximizing Justice For Your Loved One With a Conley Wrongful Death Claim

Hearing news that your loved one has passed away because of an at-fault party’s negligence is disheartening. Emotional distress, along with many other damages sustained by you and your loved one must be determined to figure out what a potential wrongful death claim settlement of jury award may award. However, before damages may be calculated and fought for, the relationship you have with the decedent will have a large impact on the ability to file a wrongful death claim and therefore collect on any type of settlement, if at all.

Along with determining who can file a wrongful death claim in Georgia, it must be filed before the statute of limitations. Georgia’s statue of limitation for wrongful death claims is generally two years from the date of the decedent’s death. However, not all wrongful death claims are subject to this two year time frame. Since there are exceptions to the statute of limitations, it is essential that you speak with a wrongful death attorney as soon as possible after you learn of your loved one’s wrongful death.

What family members are able to pursue a wrongful death claim with a Clayton County wrongful death attorney?   

Normally, your Conley wrongful death attorney will ask you if your deceased family member had a will. Depending if a will exists, there are two different answers as to which family member can pursue a wrongful death claim. In order to make sure that you have a wrongful death claim and who can file it, contact the Law Offices of Shane Smith to determine what the most effective course of action is and who can file it. A wrongful death attorney will take your case with the utmost in certainty and empathy to respect your decedent’s wishes and obtain the best justice possible for your family and your loved one.

When it comes to commencing the wrongful death lawsuit, only one person can have legal standing for it. A Conley wrongful death attorney can help you determine which person is best served to file it. However, the State of Georgia has general guidelines on how this type of lawsuit works, depending on the deceased’s living family members. If your loved one did not have a will, whether it is filed with the Clayton County probate court or not, Georgia wrongful death claim law gives the surviving spouse one-third of the decedent’s assets and the balance is normally split amongst the decedent’s surviving children. However, if the decedent has a will, the assets are normally distributed according to the person’s wishes according to the will.   


Shane Smith
Advocate for the Seriously Injured in Georgia