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Wrongful Death Attorney Shane Smith Explains How Georgia Wrongful Death Statutes Determine a Gwinnett County Wrongful Death Claim

Georgia Wrongful Death Claim Attorney Shane Smith Explains Georgia Wrongful Death Statutes

In order to file a Georgia wrongful death claim due to losing a loved one from a fatal Gwinnett County personal injury accident claim depends on State law. The only way to ensure you have legal standing and therefore a case is to make sure that you have a Lawrenceville wrongful death claim attorney that knows the current law. The Law Offices of Shane Smith has many years of experience evaluating and pursuing Georgia wrongful death claims and can help evaluate your loved one’s fatal Gwinnet County personal injury incident. Call (770) 487-8999 to schedule a free consultation today!

Since personal injury law is so expansive, there are many causes the family of a deceased may pursue a Georgia wrongful death claim. Based on O. C. G. A. § 51-4-1 the law generalizes the end result of many primary causes of “Homicide” which is the statutory basis on which a family may pursue such a claim. Based on this statute homicide is defined as any case which results in the death of a person due to the negligence of another human being.

Therefore, since there are many types of personal injury claims that satisfy this definition in one part or whole, some examples of fatal personal injury incidents include:

  • Intentional or unintentional firearm discharge
  • Negligently or recklessly causing a firearm accident
  • Medical malpractice

If this definition is satisfied to a court’s liking, the other part of the statute, establishes how the loss of a life is valued during a Georgia wrongful death claim. Based on the statute, one’s life is valued according to the “full value of the life of the decedent, as shown by the evidence.” In plain English this has been established through the courts to mean that there is an economic component that values the decedent’s current and projected future earning capacity. There is another component to recover on damages, the so-called “non-economic” component that takes into account damages that are far less measurable in a direct economic sense. This includes pain and suffering, emotional distress, loss of enjoyment of one’s spouse and loss of enjoyment of life.  

Along with helping your family determine what types and amounts of damages your family and the estate of the decedent may be recovered, all Georgia wrongful death claims must be filed within a limited time-frame after the date of the death. According to the statute of limitations, Georgia statute § 9-3-33 permits legally designated family members the power to commence a civil claim against the responsible parties for the fatal Gwinnett County person injury incident. Generally, for wrongful death claims in Lawrenceville and elsewhere in Georgia, empowered parties have two years to file from the date of death.

If you have lost a loved one and believe a third party is responsible for your loved one’s death, you may be entitled to file a Georgia wrongful death claim. Contacting the Law Offices of Shane Smith and speaking with a Gwinnett County wrongful death claim attorney will ensure that all of your legal rights are protected and you will increase your chances of beating the statute of limitations if a case is there.


Shane Smith
Advocate for the Seriously Injured in Georgia