For a free consultation, contact Neil W. Putnam at 404-768-3365 or neilputnamlaw@gmail.com.
WRONGFUL DEATH
For over thirty three years, Neil W. Putnam has been helping family members who have lost a loved one due to accidental death.
Mr. Putnam has been very successful in recovering millions of dollars in negligence cases in Georgia. At the Law Offices of Neil W. Putnam, we handle accidental death, wrongful death and punitive damages cases. The untimely or unnatural death of someone caused by a wrongful act of another is called wrongful death. Wrongful death is not the same as murder - a criminal killing that is premeditated. Unlike murder, which is prosecuted in the criminal justice system, accidental death claims are brought by surviving family members of the deceased. A defendant can still be held liable in civil court, even if he was acquitted by a criminal court. Claims for accidental death show that the negligence of the defendant caused the death of the decedent, and this causes the surviving family irreparable harm.
Georgia’s Wrongful Death Act is codified in the Official Code of Georgia Annotated (OCGA) §51-4-1. The statute provides:
“Full value of the life of the decedent, as shown by the evidence” means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived. It further provides “homicide” includes 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.
Potential grounds for a wrongful death lawsuit include:
Reckless or negligent conduct
Unlawful or criminal acts
Drunk driving
Car, motorcycle, truck or bus accidents
Boating and train accidents
Elderly abuse and neglect
Medical malpractice
Defective products
Dangers on property and construction sites
Unsafe prescription medication
Contaminated food
Under Georgia law, only the decedent’s spouse, parents or children have “standing” to bring wrongful death claims. If none of these are living, an appointed administrator of the person’s estate may bring the claim. It is extremely important to have a knowledgeable attorney help with a wrongful death suit, as the law requires a fair distribution of all the money to the beneficiaries.