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Wrongful Death

Wrongful Death

When a person is killed in an accident, the unexpected death creates not only profound grief for family members but also many dramatic changes the lives of spouses, children, or other individuals who were financially dependent on the deceased. The beneficiaries of people killed as the result of the negligence of another party may obtain compensation through wrongful death lawsuits. Estate executors or administrators may, similarly, file survivor actions.

The State of Georgia imposes a two-year statute of limitations on wrongful death claims, meaning that an individual must file claims within two-years of the date of the events that caused the fatal injuries. The statute of limitations may be stopped or “tolled,” however, if there is a criminal case or the estate has not been probated.

Lawyer for Wrongful Death in Atlanta, GA

Was your loved one killed in an accident that was caused by another party’s negligence? While no amount of money can fully compensate for the loss of a family member, financial awards can help provide for many different expenses and losses of income. Marcus A. Roberts & Associates can help your family seek justice.

Marcus A. Roberts is an experienced personal injury attorney in Atlanta who represents clients who have suffered all kinds of serious injuries in Cobb County, Gwinnett County, Fulton County, Clayton County, and DeKalb County. Our lawyer can provide a complete evaluation of your case when you call 404-577-4444 to receive a free initial consultation.


Overview of Wrongful Death Claims in Fulton County


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Georgia Wrongful Death Laws

Title 51, Chapter 4 of the Georgia Code contains five statutes that are referred to as the Georgia Wrongful Death Act. Georgia Code § 51-4-1(2) defines the term “homicide,” as used in these statutes, as including “all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.”

The Georgia Wrongful Death Act specifies the following order of descendancy (offspring) relating to wrongful death claims:

  • Spouse — The surviving spouse has the right to pursue a wrongful death claim, but Georgia Code § 51-4-2 requires any amount recovered to be equally divided among the surviving spouse and the children of the deceased.
  • Children — When there is no surviving spouse, all children of the deceased have the right to file wrongful death claims. All amounts recovered must be divided equally.
  • Parents — When there is no surviving spouse or children, any surviving parent of the deceased has the right to recover for the homicide of a child as provided under Georgia Code § 19-7-1.
  • Estate — If the deceased had no spouse, children, or living parent, the executor or administrator of the decedent’s estate can become the personal representative for wrongful death and certain expenses under Georgia Code § 51-4-5 and file a survival action.

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Causes of Wrongful Death in Atlanta

Individuals can suffer fatal injuries in several different kinds of accidents in Georgia. A personal injury attorney can conduct an investigation and collect all of the necessary evidence to prove another party was negligent.

Some of the most common causes of wrongful deaths in the Atlanta area include, but are not limited to:

Beneficiaries may be entitled to economic damages for certain calculable costs such as lost wages and medical expenses as well as noneconomic damages such as loss of consortium. In certain cases, juries may also award punitive damages that are intended to punish negligent parties for especially egregious conduct, such as a person who caused a fatal motor vehicle crash while driving under the influence (DUI) of drugs or alcohol.


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Georgia Wrongful Death Resources

Number of Fatalities Annually on Georgia’s Roadways | The Georgia Department of Transportation (GDOT) — View a chart showing the annual fatality trend on Georgia roadways for 2007 through 2017. You can also learn more about GDOT’s “Drive Alert Arrive Alive” campaign, which “focuses on educating drivers about how they can make simple changes in their driving behavior to prevent crashes and save lives.” The 1,561 traffic fatalities in Georgia in 2016 marked the third straight increase.

Georgia Department of Transportation
One Georgia Center
600 W. Peachtree NW
Atlanta, GA 30308
(404) 631-1990

Fatal Occupational Injuries in Georgia – 2015: Southeast Information Office : U.S. Bureau of Labor Statistics (BLS) — On this section of the BLS website, you can find information about fatal occupational injuries in Georgia in 2015. Tables break down fatal occupational injuries by event or exposure and by type of incident. You can also view a chart showing total fatal occupational injuries for 2006 through 2015.


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Marcus A. Roberts & Associates | Atlanta Wrongful Death Attorney

If your loved one was killed anywhere in Georgia as the result of another party’s negligence, it is in your best interest to retain legal counsel. Marcus A. Roberts & Associates helps families all over Clayton County, Cobb County, Fulton County, Gwinnett County, and DeKalb County.

Atlanta personal injury lawyer Marcus A. Roberts can handle all of the complicated legal paperwork so you and your family can have the time you need to grieve. He can review your case and help you understand all of your legal options when you call 404-577-4444 or fill out an online contact form to schedule a free, no obligation consultation.

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