Melissa Rivers, Joan Rivers’ daughter, has commenced a suit against the endoscopy clinic where Ms. Rivers died. According to a news report, Joan Rivers went into an endoscopy clinic to address a possible esophageal reflux condition and a change in her voice.
Her doctor was present during the endoscopy, and he noticed something suspicious. He asked the staff at the clinic to use their instruments, and they allowed him to. At some point during the unplanned biopsy, the comic went into cardiac and respiratory arrest. She was subsequently placed in an induced coma, and she passed away shortly after.
Who Can Bring a Wrongful Death Suit in Georgia?
Like many states, Georgia’s wrongful death suits are administered and governed by a statute. The statute determines which individuals are permitted to bring a wrongful death suit. It explains that if the victim had a spouse, that spouse is the only one who can bring the claim. If there are children involved, the spouse acts as a representative and generally must share the damages with them. If there are no survivors, the damage award would go to the victim’s parents. If none of these classes of individuals exist, the administrator of the estate can bring a wrongful death suit.
Deadlines for Bringing a Wrongful Death Suit in Georgia
There are very specific and strictly applied statutes of limitations that must be followed in all wrongful death suits. In Georgia, the decedents or estate must bring the suit within two years from the date of death. There are some exceptions, such as if the estate has not been probated yet or if there is a criminal charge pending.
What Can Individuals Recover?
In Georgia there is no limit on the damages that a jury can award. There are many aspects of the victim’s and survivors’ lives that are considered, and it is important that the plaintiff prepares the case very thoroughly. Furthermore, the survivor or estate can also claim damages for medical expenses they incurred, and pain and suffering the victim suffered. In Georgia, wrongful death damages are generally not subject to the victim’s creditors.
How to Proceed in a Wrongful Death Case
Wrongful death suits can be a complicated and timely process, and it is important that all deadlines are strictly adhered to. To increase your chances of success, it is crucial that you retain an experienced and diligent attorney. The attorney can assist you with making sure that all culpable parties are held responsible, attend all legal proceedings, and negotiate with the other party. Furthermore, our attorneys are skilled at handling wrongful death suits and will work hard to keep your stress level as low as possible, given the circumstances. If your loved one has passed because of the negligent actions of another and you would like to bring a wrongful death suit, contact one of our dedicated attorneys at 770-284-3727 to schedule a free initial consultation.
See Related Blog Posts
Another Drunk Driving Crash, This Time in Lumpkin County, Marietta Personal Injury Lawyer Blog, September 17, 2014.
Georgia Woman Dies in South Carolina Accident, Marietta Personal Injury Lawyer Blog, October 13, 2014.