Tobin Injury Law - Personal Injury Lawyer Atlanta
Personal Injury Lawyer
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(404) 587-8423
49B Lenox Pointe NE, Atlanta, GA 30324, USA
Opening Hours:Monday: Open 24 hoursTuesday: Open 24 hoursWednesday: Open 24 hoursThursday: Open 24 hoursFriday: Open 24 hoursSaturday: Open 24 hoursSunday: Open 24 hours
Area Served:Within 4 miles (6.4km) of 49B Lenox Pointe NE, Atlanta, GA 30324, USAGet more exposure
We interview co-workers, meet with treating medical providers, and hire experts so that we can make sure we obtain full compensation that will help our clients get their lives back on track.
Q. What Is Wrongful Death in Georgia?
Georgia law defines a wrongful death as any death caused by another person without legal justification. A wrongful death can be caused by intentional, reckless, or negligent conduct. In Georgia, a wrongful death claim can be made by the victim’s surviving spouse, by the victim’s children if the victim was not married at the time of death, or by the victim’s parents if the victim died without a spouse or children. O.C.G.A. § 51-4-2
The purpose of a wrongful death case is to recover “the full value of the life” of the person who died. The “full value” of a life has two parts: the economic part which means the jury can decide how much money the person would have made in his life, and the intangible part which is what that person lost out by not living out his life. The value of the life taken away is measured from the eyes of the person who was killed; a jury must evaluate what are the beautiful memories that the deceased person would never get to make worth. O.C.G.A. § 51-4-2(a)
In addition to the wrongful death claim, the deceased’s family usually brings an “estate” claim. The estate claim is related to the wrongful death claim, but the compensation is different. While the wrongful death claim is for the “full value of the life”, the estate claim is for the victim’s medical and funeral expenses and for any pain and suffering the victim experienced prior to death.
Q. What is a Statute of Limitations?
A statute of limitations is a time limit on how long you have to file a personal injury case. The clock starts to run on the date of the injury or accident. In general, the statute of limitations on personal injury cases in Georgia is two years. However, sometimes that clock can be shorter or longer.
If the government caused your injury—for example, if a county truck caused your accident—then there can be an earlier deadline called an “ante litem” deadline. That clock could be as short as six months.
Sometimes, the two years is longer. If a criminal prosecution could have been brought against the person or business responsible for your injuries, the statute of limitations can be tolled (paused) for the duration of the prosecution, up to six years. O.C.G.A. § 9-3-99; Harrison v. McAfee, 338 Ga. App. 393 (2016).
If the victim is a child, the statute of limitations does not begin to run until the child turns 18, and then the child is no longer considered a “minor” and has 2 years.
Q. Who Do We Represent?
A. We represent clients across the state. We even will sometimes accept clients who live outside of Georgia but have a family member who died in Georgia. We have traveled across the country to meet with our clients and their medical teams.
We help victims who are hurt because someone, something, or some business made a poor decision that resulted in harm. Most of our clients need surgery, but because no two human beings are the exact same it means no two cases are the exact same and we therefore sometimes work on other cases where surgery is not necessary.
We always offer a free consultation; we invite you to call us or email us and tell us about your case. While we try and help as many people as we can, we promise that if we can’t take your case, we will try and help you find another good lawyer who can help.
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