One of the most terrible things a family may go through is losing a loved one to carelessness or wrongdoing. In addition to financial hardships, the emotional toll frequently leaves survivors unsure of their legal rights. Families seeking justice and obtaining the recompense they are entitled to can benefit from knowing how Georgia’s wrongful death laws operate.
Who Can File a Wrongful Death Claim?
A Lawrenceville wrongful death lawyer from Kaine Law explains that Georgia law establishes strict guidelines on who can bring a wrongful death lawsuit. The following individuals have the legal authority to file:
- The surviving spouse: If the deceased was married, the surviving spouse has the primary right to file a claim.
- The children of the deceased: If no surviving spouse exists, the children can pursue legal action.
- The deceased’s parents: If the deceased had no spouse or children, the parents have the right to file a claim.
- The personal representative of the estate: If no immediate family members are available, the executor or administrator of the estate can file a claim, with any recovered damages benefiting the next of kin.
Knowing who is authorized to file guarantees that wrongful death lawsuits adhere to state regulations and avoid needless legal obstacles.
Proving Negligence in a Wrongful Death Case
In a wrongful death case, negligence must be proven to establish fault. Wrongful death attorney assists families in obtaining proof and confirming the following four legal requirements:
- Duty of care: The responsible party was legally obliged to act reasonably toward the deceased.
- Breach of duty: The defendant’s actions or inaction violated this duty.
- Causation: The breach of duty directly led to the fatal accident or incident.
- Damages: The surviving family members suffered financial or emotional losses as a result of the wrongful death.
Motor vehicle accidents, medical negligence, workplace incidents, defective products, and violent crimes are among the common causes of wrongful death claims. Compiling surveillance footage, eyewitness accounts, medical data, and police reports bolsters a case and backs up demands for compensation.
Compensation Available in Wrongful Death Claims
Both non-economic and economic damages are compensable to families. According to Georgia law, there are two types of wrongful death damages:
1. Full Value of the Life of the Deceased
This category considers the financial and personal losses suffered due to the untimely death. It includes:
- Lost wages and benefits the deceased would have earned
- Loss of companionship, care, and guidance
- Loss of household contributions
2. Expenses Related to the Death
This category covers costs incurred as a result of the fatal incident, including:
- Medical bills for treatment before death
- Funeral and burial expenses
- Pain and suffering experienced by the deceased before passing
Calculating damages requires thoroughly reviewing financial records, employment history, and expert testimony to assess long-term losses.
Insurance Companies’ Roles in Wrongful Death Cases
Even in cases of wrongful death, insurance companies frequently try to reduce damages. Adjusters may postpone processing claims, contest liability, or quarrel over settlement amounts. Families without legal counsel could have trouble obtaining a just settlement.
Legal experts bargain with insurance companies to prevent families from accepting insufficient settlements. They evaluate every available insurance policy, collect the required paperwork, and oppose efforts to undervalue claims.
Understanding Georgia’s Statute of Limitations
Georgia has a strict two-year statute of limitations for wrongful death cases. Therefore, within two years of the death, families must file their claims. If they miss this deadline, they lose the opportunity to pursue damages.
This period may be shortened or prolonged by the following exceptions:
- If the wrongful death resulted from a crime, the statute of limitations may be paused until the criminal case concludes.
- Special filing deadlines apply if the claim involves a government entity, often requiring notice within six months.
Taking prompt legal action preserves evidence and strengthens the chances of a successful claim.
How Comparative Negligence Affects Compensation
According to Georgia’s modified comparative negligence rule, compensation is lowered proportionately to the deceased’s liability for the incident if they were partially to blame. The family is not entitled to damages if the deceased is deemed 50% or more at fault.
Defendants and insurance companies may attempt to assign guilt to the deceased to lessen their financial exposure. Legal professionals dispute these allegations using reliable evidence, expert testimony, and witness statements to ensure a fair assessment of fault.
Pursuing Justice After a Wrongful Death
Cases involving wrongful death are intricate and emotionally taxing, necessitating extensive legal expertise. Under Georgia law, families can pursue financial compensation and hold careless persons liable. To obtain a fair result, it is essential to comprehend filing deadlines, demonstrate negligence, and negotiate insurance.
Having legal counsel guarantees that surviving family members get the direction and assistance they require to manage their cases successfully. Seeking legal advice helps families concentrate on healing while seeking justice for their loved ones, improves claims, and optimizes compensation.
