Free Consultation (404) 474-7122
  • Home
  • Firm Profile
  • Team
    • Scott Pryor
      Scott Pryor
      image

      Scott is a member of the State Bar of Georgia and is listed in the top 1% of trial attorneys in the nation by the Litigator Awards. He is also a member of Super Lawyers, National Trial Lawyers, the Georgia Trial Lawyers Association—Champion Level and sits on the Communications Committee of GTLA, and the Multi-Million Dollar Advocates Forum.

      Read More
    • JJ Timmons
      JJ Timmons
      image

      J. J. Timmons graduated from Mercer Law School in 2000. He spent many years thereafter doing insurance defense work in general liability and workers’ compensation for several insurance companies and a major automobile manufacturer. He eventually realized that he was working on the wrong side and has been representing plaintiffs and injured workers for the last seven years. Timmons joined Scott Pryor Law in 2015 and specializes in personal injury and worker’s compensation cases.

      Read More
    • Sarah Farol
      Sarah Farol
      image

      Bio Coming Soon

      Read More
    • Pretty Dilipkumar
      Pretty Dilipkumar
      image

      Bio Coming Soon

      Read More
    • Ivan Franco
      Ivan Franco
      image

      Bio Coming Soon

      Read More
    • Lindsay Butler
      Lindsay Butler
      image

      Bio Coming Soon

      Read More
  • Practice Areas
    When a loved one is killed because of another's negligence, it is important to hold them responsible...
    Read More
    Allow us to fight for you after a serious injury has occurred in order to recover compensation and aid in the recovery process.
    Read More
    A quick moment in time, a sudden slamming of the brakes, or a loud blare of a horn can be all the time you have to prepare yourself in the event of a car accident.
    Read More
    According to the National Highway Traffic Safety Administration (NHTSA), the number one leading...
    Read More
    Motorcycle accidents often involve catastrophic injuries, such as a head or spinal cord injury because the driver...
    Read More
    To hold a negligent property owner or business responsible for the damage they have caused, contact us today.
    Read More
  • Results
    3.8M
    Bad Faith Case
    1.2M
    Car Accident
    5.4M
    Fraudulent Conduct
    4.5M
    Trucking Accident
  • Locations
  • Resources
  • Contact Us

If you have lost a family member due to the negligence of another person or company, you may have the right to file a wrongful death suit on their behalf. While no amount of money can return your loved one, a civil lawsuit can help prevent this from happening to another family. Discussing your legal options with a Columbus personal injury attorney may give you the insight you need into a wrongful death claim.

In some cases, death can leave that person’s family in a difficult situation. Anyone dependent on the decedent’s salary could quickly find themselves in a financial hole. With the assistance of a Columbus wrongful death lawyer, your family may be able to recover the compensation they need to survive.

Wrongful Death in Georgia

Under Georgia law, a “wrongful death” is a death due to a negligent, reckless, criminal, or intentional act. Proving negligence in a Columbus wrongful death case is similar to that in a car crash lawsuit. A plaintiff must show the defendant owed a duty to the plaintiff, the defendant breached that duty, and that breach damaged the plaintiff.

Unlike a car crash lawsuit, the decedent cannot bring a lawsuit in their own name. The person with the right to bring a wrongful death suit can vary under Georgia law. The guidance of an experienced Columbus wrongful death attorney might help in identifying the appropriate party to file suit.

Standing to File a Wrongful Death Suit

The person with the standing to file a wrongful death lawsuit in Georgia varies depending on the circumstances. However, state law applies a formula used to identify the party with standing to file suit. The right to file suit necessarily follows a hierarchy. The right travels down the list of potential family members until it reaches someone with the ability to file a lawsuit.

A surviving spouse always has the strongest claim to file a Georgia wrongful death suit. If the couple had minor children, the surviving spouse retains the right to file suit but must represent each minor child during the proceedings. The right to file goes to surviving children if the decedent has no spouse.

Next on the list are the parents of the deceased person. The surviving parents may only file if there are no surviving spouses or children. If the parents are not alive, the personal representative of the deceased’s estate may bring the claim.

Statute of Limitations

Every type of lawsuit in Georgia has a statute of limitations. This statute sets a time limit on the filing of a lawsuit. If a lawsuit is not filed before the time limit expires, the court can dismiss a claim. In other words, missing this deadline could cost you the opportunity to recover compensation from the person responsible for the death of your loved one.

According to Georgia law, the statute of limitations on a wrongful death case is two years from the date of death. Most of the time, the ability to file a lawsuit is lost once two years elapse. However, it is worth noting there are limited exceptions that can extend the 2-year window. For example, the statute of limitations may be tolled temporarily if the decedent’s estate has not been through probate or if there is a pending criminal case related to the same cause of death.

Call a Columbus Wrongful Death Attorney As Soon As Possible

A Columbus wrongful death lawyer might be able to help you recover monetary compensation for the death of your loved one. While this money can never replace a member of your family, the process could prevent a similar result from happening to someone else in the future. When you are ready, reach out to an attorney to learn more about how a wrongful death claim works.

N/A
6185 Crooked Creek Rd NW
Ste. H
Peachtree Corners, GA 30092
Get Directions
FAX: (678) 302-9366