Pursuing a Wrongful Death Claim in Georgia Following an Auto Accident


June 01, 2015

Automobile accidents have the potential to result in the loss of life in situations where the injuries are simply too extensive. Whatever the reason may be for the exact cause of an automobile accident, the mere fact that you have lost a loved one is enough to cause stress and emotional harm that you never thought you would ever have to experience. In the state of Georgia, along with many other states across the United States, a wrongful death lawsuit or survivor action or claim may be filed against an individual or party who is at fault for causing the accident that resulted in your loved one's death. A wrongful death lawsuit is a type of personal injury action that enables a loved one's family to seek compensation for a death that simply did not need to occur.

Georgia Law Regarding Wrongful Death Actions

Generally speaking, under Georgia law, both qualified survivors, and a loved one's estate, can bring wrongful death and survivor actions against a negligent party. A deceased loved one is often survived by a spouse and/or children that are left with not only the loss of their loved one, but also with a tremendous amount of financial hardship. A lawsuit filed by the family of a loved one who passes away as a result an at-fault party is called a wrongful death lawsuit. When a deceased individual's estate brings an action on behalf of the estate, the lawsuit is often called a survivor action. Although both types of cases are brought as a result of the death of a loved one, they do not always address the same claims.

When deciding whether or not to pursue a wrongful death lawsuit in Georgia, you should be aware that family members and personal representatives of a deceased individual's estate must, in most cases, bring the action within two years of the date of the death of a loved one. This may seem like plenty of time, but such time can go very quickly when you are dealing with an immense amount of stress following your loved one's death. If you do not take any action within this two-year period of time, you may have lose your right to pursue a wrongful death or survivor claim. In fact, in cases involving government entities as a defendant even shorter legal time deadlines to preserve your rights may apply, and in some situations, such as when a minor is involved as a claimant, the time frame may be longer. Keep in mind that the time frame with which to file your case may vary, depending on the specifics facts and circumstances, warranting the immediate a qualified Atlanta Wrongful Death Attorney to advise you of your legal options and the steps that need to be taken to protect your rights. .

Speaking with an Attorney Does Not Have to be a Stressful Experience

Many people would like to avoid any legal matter at all costs, and feel as though contacting an attorney will accomplish nothing. The decision to speak with a personal injury a attorney at Montlick & Associates is one that does not carry any risk to you. Getting the guidance of a qualified legal professional can help you understand your situation and whether or not you have any valid legal claims.

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Case!

Montlick and Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.