Wrongful Death Attorney in Georgia
we're here for you
Our family of lawyers is here to help you with your legal issue. Reach out today to schedule a free consultation.
We have over 30 years of combined legal experience.
Please fill out the form and we will get back to you shortly.
As wrongful death attorneys practicing in the State of Georgia, we at Sawan & Sawan understand that losing someone you love is a devastating tragedy. It is incredibly difficult to comprehend how someone else’s carelessness could take what is so dear to you. While we know legal remedies never seem to make the pain subside, we still feel that you should obtain every bit of compensation you deserve for your loss. Georgia law provides certain people a right of action when the death of a loved one was caused by another’s negligence. This compensation will never bring your loved one back – but we still fight each and every day to make sure our clients’ rights are defended. If a loved one has died, we strongly encourage you to speak with a wrongful death attorney to evaluate your case.
Georgia's Wrongful Death Statute
Under Georgia law if a person dies by the wrongful act of another person including a company, the heirs of the decedent may bring a wrongful death claim. The “the full value of the life of the descent” is available as a claim under the wrongful death statute found at O.C.G.A. 51-4-2. That claim looks from the point of view of the decedent. Brock v Wedincamp, 253 Ga. App.275, 281-82 (2002). To assist the factfinder, evidence is produced for both the intangible and the tangible aspects of the claim. Intangibles include the decedent’s relationships, family,and the reasons for living. The tangibles include but are not limited to the income the decedent would have earned and any household jobs that the decedent routinely performed. Generally, the claim must be filed within two years of the death, however, it can be modified under certain exceptions. The spouse of the decedent usually has the right to bring the claim. If no spouse, then the surviving children would be able to proceed. If there is no immediate family available, then the parents or a guardian can bring the claim. In addition, claims on behalf of the estate could include the pain and suffering felt by the decedent.
Wrongful Death Law in Georgia
As previously mentioned, there are two potential claims the surviving family may pursue: a wrongful death claim and an estate claim. The statutory wrongful death claim asks the jury to determine what the decedent’s life meant to the family. They will hear evidence on family relations, employment, awards, accomplishments, exercising, sports, daily activities, and volunteering. They will also hear evidence on the income loss as well as everyday household responsibilities performed by the decedent. The second claim brought by the estate allows the family to recover medical bills, funeral expenses, pain and suffering of the decedent, and punitive damages. If there is a will, the administrator brings the claim but if none, then Georgia intestacy law will determine who can administer the estate claim.
As to damages, the jury will look at the case from the perspective of the decedent. They will learn about who the decedent was. Understanding what made life to her special and important, will allow the jury to award compensation. Using videos such as “a day in life of” the decedent or testimony of personal stories help to assist the jury in its fact finding role. In addition, the jury can return a verdict that includes medical and funeral bills as well as pain and suffering before the death. They can also award compensation for the suffering the decedent felt right before death.
As previously mentioned, the statute of limitations is usually two years from the date of the decedent’s death. O.C.G.A. 9-3-33. That time can be modified under special circumstances. If the government is at fault, the deadline could be shortened. Depending on which governmental entity is involved, it could be anywhere for six months to one year. The date depends on the facts and circumstances as well as the branch of government involved. If a decedent is killed due to a violent crime, the statute of limitations may be tolled or stayed until the criminal prosecution is completed. That would include a misdemeanor traffic violation. If the at fault truck driver could have been charged with either a crime or traffic violation at the misdemeanor level, the statute of limitations can be tolled from the date of the violation until there is a final resolution of traffic charge or for six years, whichever is shorter. The two year period would start running after that.
If you or a family member are ever involved in a wrongful death, timely grieving is the first step. Everything is surreal, uncertain, and highly emotional due to the loss of a family member. Nonetheless, it is vitally important that the family gather as much evidence as soon as practicable after the wrongful death. A truck driver is required to notify the company as soon as possible after an accident. The company will immediately begin to gather evidence, contact their insurance defense attorney, and send experts out to investigate. This allows both the truck driver and company to build a case against the decedent and hopefully avoid responsibility. The truck carries a black box that gives data about speed, braking parameters, and driving time. Skid marks need to be photographed and measured as well as all vehicle damages needs to be determined. Debris from the vehicles must be gotten before the scene is cleaned up. Witness statements must be gathered as well as obtaining the accident report. Failure to gather any of this information will only hurt the case at a later date. In a criminal action any and all videos that show the crime must be gotten before it is erased. A pivotal witness may move or change her number. Letting a wrongful death attorney handle the case while the family mourns allows for the attorney to gather all the evidence necessary to put the case together for trial. On the other hand, it gives the family proper quality time to mourn without losing precious time.
Dennis E. Sawan
Licensed in Ohio and Florida
Dennis P. Sawan
Licensed in Ohio and Georgia
Christopher A. Sawan
Licensed in Ohio and Michigan
Contact an Attorney today to discuss your case.
Request A Call
discover our latest Articles
https://www.youtube.com/watch?v=p4dB_d6h83g Chances are, you’ve heard the term whiplash before – but you may not understand how debilitating it is until you’ve suffered from it yourself.
Sarimento et al. v. Grange Mutual Casualty Company, 106 Ohio St.3d 403 (2005) Facts: Appellants (six individuals, including two minors) were driving in New Mexico
Physicians Insurance Company of Ohio et al. v. Swanson et al.58 Ohio St. 3d 189 (1991) Facts: Two groups of teenage children were swimming in
Sawan & Sawan named Top Truck Accident Lawyers by Expertise.com Sawan & Sawan has been named among the top truck accident lawyers in Toledo, Ohio
Failing to Disclose Information in an Insurance Application can Void Coverage In the case of Nationwide Mut. Fire Ins. Co v. Pusser, the importance of
Timely Appeals of Insurance Denials in Ohio Under Curry v. Columbia Gas of Ohio, Inc. In the case of Curry v. Columbia Gas of Ohio, Inc.,
Car Accident Lawyers
Ohio Car Accident Lawyers
Toledo Ohio Car Accident Lawyers
Columbus Ohio Car Accident Lawyers
Cleveland Ohio Car Accident Lawyers
Georgia Car Accident Lawyers
Savannah Georgia Car Accident Lawyers
Florida Car Accident Lawyers
Jacksonville Florida Car Accident Lawyers
Michigan Car Accident Lawyers
Personal Injury Lawyers
Ohio Personal Injury Lawyers
Toledo Ohio Personal Injury Lawyers
Columbus Ohio Personal Injury Lawyers
Cleveland Ohio Personal Injury Lawyers
Georgia Personal Injury Lawyers
Savannah Georgia Personal Injury Lawyers
Florida Personal Injury Lawyers
Jacksonville Florida Personal Injury Lawyers
Michigan Personal Injury Lawyers