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How Does a Wrongful Death Claim Work in Augusta, GA?

How Does a Wrongful Death Claim Work in Augusta, GA?

Losing a loved one is never easy, and when their death is caused by someone else’s negligence, the grief can feel overwhelming. Families in Augusta, GA, may find some comfort in seeking justice through a wrongful death claim. Understanding how these claims work can help you make informed decisions during a difficult time.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when a person dies because of another party’s negligence, recklessness, or intentional act. In Georgia, this type of claim allows surviving family members to seek compensation for the losses they have suffered. By filing a wrongful death claim, families in Augusta can hold the responsible party accountable and secure financial support for the future.

Who Can File a Wrongful Death Claim in Georgia?

Not everyone has the legal right to file a wrongful death claim in Georgia. 

State law sets clear rules on who may bring this type of lawsuit:

  • First, the surviving spouse has the right to file.
  • If there is no surviving spouse, the children of the deceased may file.
  • If there are no children, the parents of the deceased may bring the claim.
  • In cases where no spouse, children, or parents survive, the administrator of the deceased’s estate can file on behalf of the estate.

These rules ensure that the closest relatives, or those who bear the most direct impact, are the ones to seek justice. Understanding who can file is the first step to moving forward with a claim.

Types of Damages in an Augusta Wrongful Death Claim

The damages available in Georgia wrongful death claims are meant to reflect both the financial and emotional impact of losing a loved one. 

These damages generally fall into two categories:

  • The “full value of the life” of the deceased: This includes both economic damages, like lost wages or benefits, and intangible aspects such as companionship, care, and guidance the person provided.
  • Compensation for expenses related to the death: The estate of the deceased may recover costs like medical bills from the final illness or injury, funeral expenses, and other direct costs.

Together, these damages aim to provide some measure of justice and stability for grieving families.

The Statute of Limitations in Georgia

In Georgia, wrongful death claims must generally be filed within two years of the date of death. This is known as the statute of limitations. There are some exceptions. For instance, if a criminal case is tied to the death, the time limit may be paused until the case is resolved. 

Similarly, certain estate or probate issues may impact the timeline. Because deadlines are strict, it is important to speak with an attorney as soon as possible. Acting quickly ensures that the family’s rights are protected and that crucial evidence is preserved.

Contact the Augusta Wrongful Death Lawyers at Nicholson Revell Personal Injury Attorneys for Help Today

No amount of money can bring back a loved one. But a wrongful death claim in Augusta, GA, offers a way to honor their memory, hold the responsible party accountable, and provide for those left behind. By understanding the process—from who can file, to what damages may be recovered, to how the legal system works—families can take steps toward healing and financial security. 

With the help of an Augusta wrongful death attorney, justice is possible. Contact Nicholson Revell Personal Injury Attorneys today for a free consultation.

For more information, please contact our Augusta wrongful death lawyers at Nicholson Revell Personal Injury Attorneys to schedule a free consultation today.

We proudly serve Augusta, GA, and its surrounding areas:

Nicholson Revell Personal Injury Attorneys
4137 Columbia Rd, Augusta, GA 30907
(706) 722-8784

About Sam G. Nicholson

Sam G. Nicholson is a partner at Nicholson Revell Personal Injury Attorneys in Augusta, GA. With more than four decades of experience, he has built his reputation on hard work, dedication, and a commitment to securing justice for clients seriously injured by negligence. Over the years, he has achieved multi-million-dollar settlements in complex cases, earning the respect of peers and the trust of the community.

Sam holds an AV rating from Martindale-Hubbell, has been named a Georgia Super Lawyer multiple times, and has been recognized among the Top Attorneys in Georgia by Atlanta Magazine. He is a past president of the Augusta Bar Association, a member of the State Bar of Georgia’s Board of Governors, and is active in the Georgia Trial Lawyers Association and the American Association for Justice.

Sam’s leadership roles and professional honors reflect not only his skill as a trial lawyer but also his ongoing service to the legal profession.

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