Losing a loved one unexpectedly is devastating, and it’s even harder to cope when someone else’s negligence or wrongdoing caused their death. In Georgia, families who lose a loved one under such circumstances can pursue justice through a wrongful death claim. These claims aim to hold responsible parties accountable and provide compensation for the financial and emotional toll the loss has caused.
If you’re considering filing a wrongful death claim, it’s important to understand how these cases work under Georgia law. Below, we’ll explain a wrongful death claim, who can file one, and what damages may be available.
A wrongful death claim is a legal action filed when someone’s death is caused by another person or entity’s negligence, recklessness, or intentional act. The purpose of these claims is to provide financial relief to the deceased’s family and to hold the responsible party accountable.
Under Georgia law, wrongful death is defined as the loss of life caused by another party’s negligence or misconduct. Common scenarios that might lead to a wrongful death claim include:
Car Accidents: caused by reckless or impaired drivers
Medical Malpractice: errors or negligence by healthcare providers
Workplace Accidents: particularly in industries like construction or manufacturing
Defective Products: unsafe items that cause fatal injuries
Criminal Acts: such as assaults or other intentional harm
For a claim to be successful, you must prove that the responsible party’s actions or failure to act directly caused the death.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law specifies who has the right to file a wrongful death claim. The order of priority is as follows:
The Surviving Spouse: The spouse can file on behalf of themselves and any minor children. They must share any compensation equally with the children, although the spouse is entitled to at least one-third of the total recovery.
The Children of the Deceased: If there is no surviving spouse, the children have the right to file the claim.
The Parents of the Deceased: If the deceased had no spouse or children, the parents can file a wrongful death claim.
The Estate of the Deceased: If none of the above relatives are available, the executor or administrator of the deceased’s estate may file the claim. Any compensation recovered will go to the estate and be distributed according to the will or state intestacy laws.
It’s important to file your claim promptly, as Georgia enforces a two-year statute of limitations for wrongful death cases. If you wait too long, you may lose your right to seek compensation.
What Damages Can You Recover in a Wrongful Death Claim?
In Georgia, wrongful death claims typically involve two categories of damages:
Full Value of the Life of the Deceased
This category compensates the family for the loss of their loved one, including:
Economic Value: the deceased’s future income and financial contributions to the family
Non-Economic Value: the loss of companionship, care, loss of consortium, and guidance provided by the deceased
Financial Losses to the Estate
These damages cover the tangible costs related to the death, such as:
Funeral and burial expenses
Medical bills for the deceased’s final treatment
Pain and suffering experienced by the deceased before passing
By pursuing a wrongful death claim, families can secure the financial support they need to rebuild their lives after such a devastating loss.
How Long Do You Have To File a Wrongful Death Claim in Georgia?
Georgia law sets a two-year statute of limitations for filing wrongful death claims. This means you must take legal action within two years of the deceased’s date of death. However, some circumstances may affect this deadline, such as:
Criminal Cases: If a criminal case is related to the death, the statute of limitations may be paused until the case concludes.
Discovery of Negligence: In rare cases, the clock may not start until the family discovers the negligence that caused the death.
Filing your claim as soon as possible is crucial to ensure you meet all legal requirements and preserve important evidence.
Contact an Augusta Wrongful Death Lawyer for a Free Case Review
If you’ve lost a loved one due to someone else’s negligence in Georgia, you don’t have to face this challenging time alone. An Augusta wrongful death lawyer can guide you through the legal process, fight for justice, and help you secure the compensation your family needs to move forward.