Georgia Wrongful Death Claims I Wrongful Death Attorney in Gwinnett County Shane Smith

In order to understand why wrongful death claims are exclusive to Georgia state laws and not based on past court decisions (otherwise known as common law or case law) a short history lesson must be learned. As our country was founded through the English colonies and as Georgia was one of the original 13, court cases from England and those held in the colony of Georgia established and molded the laws people lived under on a continual basis. The prevailing law, up until the mid-1800s, dictated that when someone died from the negligent or reckless action of another, the ability to recover damages based on the injuries the deceased person suffered “died” with the person. However, history changed and so did personal injury law in Georgia and other states.

About 100 years ago, however, the Georgia legislature created the State’s own statute’s that gave the surviving families the power and ability to seek justice and recover damages on behalf of their deceased relative. In fact, the State of Georgia has created multiple laws that spell out everything that a family and their Georgia wrongful death attorney needs to know. The follow laws that are currently in force are as follows:

  • § 51-4-1 -- This statute lays out all of the definitions.
  • § 51-4-2 – This law details how a wrongful death claim may be available when a spouse or parent dies from a homicide.
  • § 51-4-4 – This law spells out how a wrongful death claim works when a child is killed.
  • § 51-4-5 – This law details how an administrator or executor works on behalf of the deceased relative.
  • § 19-7-1 – This law covers how parents can commence a wrongful death claim and what powers they have.

While speaking with a wrongful death attorney in Georgia will explain all of the nuances and help you apply the law to your individual circumstances, there are some general attributes that are covered in Georgia and each individual state:

  • How long families can file a wrongful death claim
  • Which family member or members may file a wrongful death claim
  • What types of damages and the amount recoverable for each damage
  • If monetary damages are recoverable through a wrongful death claim, who is entitled to what portion of an award.

Losing a loved one is traumatic and filing a wrongful death claim is not your number one priority because you are mourning your loved one. However, learning all about a wrongful death claim and what is required for one, how long you and your family has to file it is important to learn because if you wait to long to speak with a Gwinnett County wrongful death attorney, you may lose your chance forever to seek legal justice. To learn more about how you can protect and seek just for your loved one, please call the Law Offices of Shane Smith to speak with a wrongful death attorney in Georgia at (888) 927-6955.   

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Advocate for the Seriously Injured in Georgia

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