In August, a high profile case ofwrongful death was brought against the boyfriend of Whitney Houston’s daughter,
Bobbi Kristina Brown. The multimillion-dollar lawsuit was filed by Brown’s
Georgia estate a month after she was found dead in a bathtub. More recently,
in September, a Georgia family of a young adult who died during a sleep
study won awrongful death case. The family claimed that the death was a case of negligence as the deceased
tried to get attention of the study staff. Both of these cases highlight
the tragic events that can occur in a case of wrongful death. If you have
lost a loved one due to wrongful death, contact an experiencedwrongful death attorney.
Wrongful Death Explained
According to Georgia law, wrongful death can be the result of negligence
or recklessness of another person or entity’s (such as a corporation
or business) actions. Negligence occurs when there is duty to use reasonable
care and an individual fails to do so. If death occurs intentionally or
from criminal actions, it can also be considered wrongful death.
Since the alleged victim is deceased, family members or the estate representative
must file a wrongful death claim. Specifically, under Georgia law, the
first person to bring a wrongful death claim to court would be the spouse
of the deceased. This individual must represent the interests of any children
that they and the deceased had together. If there is no spouse or children
to file a suit, then a parent of the deceased or estate representative
can bring forth the claim.
In Georgia, a wrongful death claims generally must be filed within two
years of the death. However, there are exceptions to this rule and you
should always consult with an attorney experienced in handling wrongful
death claims sooner, rather than later.
Types of Wrongful Death Claims
In Georgia, there are two types of claims. One is meant to compensate for
the value of the life of the deceased, including monetary and immaterial
value. Monetary compensation includes lost income or benefits the deceased
may have received. Immaterial value is the value assigned to the meaning
they held for surviving loved ones. It is filed by or on behalf of the
deceased’s family members. The second type of claim comes from or
on behalf of the estate. Compensation for this type of claim settles for
the financial losses brought on by death. This includes expenses related
to the death as well as compensation for pain the deceased may have experienced
Contact Goldstein & Hayes, P.C.
A wrongful death claim can be a complex process. If you believe the death
of a loved one may be a case of wrongful death, you need the support of a lawyer.Contact an experienced Atlanta metro area attorney at Goldstein and Hayes who
can help you with your case. Call us today for your free consultation.