Wrongful Death

Wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or entity. W. Bryant Green, III, P.C. has dealt with many wrongful death cases in Georgia.

An action for wrongful death belongs to the decedent's immediate family members or distributees. The most common distributees are surviving spouses and children, and sometimes parents. Only the personal representative of the decedent's estate may file for a suit for wrongful death. Every state has a civil wrongful death statute or set of statutes, which establish the procedures for bringing wrongful death actions. In Georgia, the statute of limitations for a wrongful death suit is two years.

Elements of a Wrongful Death Lawsuit

In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being
• Caused by another's negligence
• The survival of family members who are suffering monetary injury as a result of the death
• The appointment of a personal representative for the decedent's estate

A wrongful death claim may arise out of a number of circumstances, such as in the following situations:

• Medical malpractice that results in decedent's death
• Automobile or airplane accident
• Occupational exposure to hazardous conditions or substances
• Death during a supervised activity

If a loved one has dies after an accident or injury caused by the negligence or misconduct of another individual, company, or entity, you may be entitled to bring a legal action for wrongful death against those responsible.