Cumming Wrongful Death Attorneys

Supporting Grieving Families During a Challenging Time in Georgia

One of the most painful experiences a family can go through together is losing a loved one, especially if their loved one was taken away from them suddenly in an accident. Unexpected loss involves a wide range of emotions, including depression, anger, and helplessness. If your family member’s accident was caused by negligence, your family may be entitled to seek compensation for your losses in a wrongful death lawsuit.

Though compensation can’t bring back the person you love or reduce your pain, it can at least help your family pay for damages so you can focus on healing. Bettis Musgrove is available and accessible to clients in need. Our wrongful death attorneys in Cumming provide personalized, compassionate service to all clients throughout Forsyth County and can pursue justice on behalf of your family.

Contact us online or by phone at (470) 347-1515 to take advantage of your free, no-obligation consultation. Our wrongful death lawyers in Cumming are available 24/7 for our clients in need.

What is Wrongful Death?

A wrongful death claim can be filed after a person dies due to another person or entity’s negligence. Wrongful death claims can arise from a variety of fatal accidents, including auto accidents, boating accidents, premises liability, and more. A wrongful death claim can be filed if a person dies immediately in the accident or passes away from their injuries while in the hospital.

At-fault parties that are commonly sued by surviving family members of the deceased individual include:

• Drivers and employers in auto accidents
• Designers or builders of damaged or faulty roads
• Product manufacturers or designers
• Property owners
• Boat operators or owners
• Bars, restaurants, and other establishments that served alcohol to impaired drivers

It’s important to note that in certain cases, some people or agencies can be immune from wrongful death lawsuits. Some federal laws provide immunity to parties in railroad crashes and product liability cases involving defective medical devices. Hiring and consulting a wrongful death lawyer can help you determine if you’re able to legally and successfully file a claim against the at-fault party in your unique case.

Common Causes of Wrongful Death

Wrongful death can occur in various situations, each rooted in another party's negligence or wrongful actions. Some common causes of wrongful death may include:

• Traffic Accidents: Fatalities resulting from car accidents, truck accidents, motorcycle crashes, and pedestrian accidents often involve the negligence of a driver, defective vehicle components, or hazardous road conditions.
• Medical Malpractice: Wrongful death claims can emerge from medical errors, surgical mistakes, misdiagnoses, and other instances of healthcare provider negligence.
• Workplace Accidents: Fatal injuries at the workplace may be caused by unsafe working conditions, lack of proper training, or the failure of employers to adhere to safety regulations.
• Defective Products: If a defective product leads to a death, whether due to design flaws, manufacturing defects, or inadequate warnings, the responsible parties can be held accountable.
• Premises Liability: Property owners can be held responsible for fatal accidents caused by dangerous conditions on their premises, such as slip and fall incidents or inadequate security leading to criminal activities.
• Criminal Acts: If a wrongful death occurs as a result of criminal actions, the responsible party can face criminal charges and civil liability.

Who is Eligible to File a Wrongful Death Claim in Georgia?

In Georgia, the law recognizes specific individuals who are qualified to file a wrongful death claim. These individuals typically include:

• Surviving Spouse: The surviving spouse of the deceased person has the primary right to file a wrongful death claim.
• Children: If there is no surviving spouse or if the surviving spouse chooses not to file a claim, the deceased person's children may be entitled to bring a wrongful death action.
• Parents: In cases where the deceased person has no surviving spouse or children, the parents could have the right to file a wrongful death claim.
• Personal Representative: If there are no surviving family members in the categories mentioned above, the personal representative of the deceased person's estate could file a claim on behalf of the estate.

Georgia Wrongful Death Statute

According to O.C.G.A. § 51-4-2. family members who have lost a loved one due to the negligence of another have a right to file a claim for “the full value of the life of the decedent.” Typically claimants have two years from the date of their loved one's passing to file a claim.

This time limit is called the statute of limitations, and in the case of wrongful death claims, there are specific situations that can lengthen this two-year time clock. In all cases, if you fail to file a claim within the given time period you will most likely lose your right to do so. This is why it is important to speak to a Cumming wrongful death lawyer about your claim as soon as possible.