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wrongful death

PA & NJ Personal Injury Lawsuits and Lawyers

How to file an accidental fatality claim

Georgia Statute of Limitations/Ga. Personal Injury Lawsuits and Lawyers

Georgia Statute of Limitations
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

What is statute of limitations? A statute of limitation is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated.

Georgia statutes of limitations

  • For negligence – 2 years
  • For medical malpractice – 2 years after the wrongful act
  • For product negligence – 2 years after suffering injury
  • For wrongful death – 2 years of (D.O.D)
  • For survival – 2 years

Georgia’s cap on damage awards
For Medical Malpractice
Absent intent to harm, punitive  damages are limited to $250,000.00.
O.C.G.A. § 51-13-1 provides that in any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against one or more health care providers, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $350,000.00

For Product Liability
Ga. Code Ann., § 51-12-5.1
In a tort case in which the cause of action arises from product liability, there shall be no limitation regarding the amount, which, may be awarded as punitive damages. Only one award of punitive damages may be recovered in a court in this state from a defendant for any act or omission if the cause of action arises from product liability, regardless of the number of causes of action which may arise from such act or omission

For Pharmaceutical Cases
Ga. Code Ann., § 51-12-5.1
For any tort action (not a products liability action) in which the trier of fact has determined that punitive damages are to be awarded, the amount which may be awarded in the case shall be limited to a maximum of $250,000.00

Conn. attorney caps has a sliding scale, not to exceed 1/3 of first $300,000; 25% of next $300,000; 20% of next $300,000; 15% of next $300,000; and 10% of damages exceeding $1.2 million
Georgia has no caps on attorney awards for medical malpractice cases.

Georgia minor tolling- Except in cases of medical malpractice or wrongful death, the limitations periods begin to run on the minor’s 18th birthday

Local Trial Lawyers
Georgia Trial Lawyers Association
1250 The Hurt Building
50 Hurt Plaza S.E.
Atlanta, Georgia 30303-2916
1.800.843.4852
http://www.gtla.org

State of Georgia
Public Information/Safety Education Unit
P.O. Box 1511
Montgomery, AL 36102
404.624.7000

http://dps.georgia.gov

Please fill out the form below to see if you have a wrongful death case.

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PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
 
City:
State:
Zipcode:
Phone: () - ext.

INCIDENT INFORMATION
Date of Accident:
Date of Death:
Name of Deceased:
Location of Accident:
Please describe what happened (cause of accident):
Comments/Questions: