Losing a loved one due to someone else’s negligence is devastating, and beyond the emotional pain, families are often left with financial burdens and unanswered legal questions. In Georgia, wrongful death claims exist to help families seek justice and compensation for their loss. However, navigating the legal process can be complex, requiring a clear understanding of who can file a claim, what damages can be recovered, and the steps needed to prove liability. financial support you deserve.
In this resource, we explain the essential aspects of filing a wrongful death claim in Georgia, ensuring that you and your family receive the justice and financial support you deserve.
Who Can File a Wrongful Death Claim in Georgia?
- Spouse: The primary right to file a wrongful death claim belongs to the surviving spouse.
- Children: If the deceased did not have a surviving spouse, the legal right to file a wrongful death claim passes to their children, who can pursue compensation for their loss.
- Parents: In the absence of a spouse or children, the deceased’s parents may file the claim.
- Estate Representative: If there are no surviving spouses, children, or parents, the personal representative of the deceased’s estate has the legal authority to file the wrongful death claim on behalf of the estate and its beneficiaries.
Key Elements You Must Prove
To succeed in a wrongful death case, the following elements must be established:
- Duty of Care: The defendant had a legal obligation to act safely, such as a driver adhering to traffic laws.
- Breach of Duty: The defendant failed to fulfill this duty through actions like reckless driving or medical malpractice.
- Causation: The breach directly resulted in the individual’s death.
- Damages: The death led to measurable losses, whether financial, emotional, or otherwise.
What Damages Can You Claim?
- Full Value of Life:
- Lost income, encompassing both past and future earnings.
- Loss of companionship, care, and support.
- Medical & Funeral Costs:
- Hospital bills incurred before death.
- Expenses related to funeral and burial services.
- Pain and Suffering:
- If the deceased experienced pain before passing, their estate might claim these damages.
- Punitive Damages:
- In cases of gross negligence, such as deaths caused by DUI or criminal acts, additional punitive damages might be awarded.
- Full Value of Life:
- Time Limit to File (Statute of Limitations)
- Standard Period: In Georgia, wrongful death claims typically must be filed within two years from the date of the person’s passing.
- Tolling Due to Criminal Cases: If the wrongful death was caused by a crime, the statute of limitations may be paused until the criminal case is resolved, with a maximum extension of six years.
- Estate Not Probated: If the deceased’s estate hasn’t been probated, the filing deadline can extend up to five years.
Common Wrongful Death Cases
- Motor vehicle accidents, including those involving cars, trucks, and motorcycles.
- Medical malpractice incidents.
- Workplace-related accidents.
- Defective or dangerous products.
- Neglect or abuse in nursing homes.
Filing a Wrongful Death Lawsuit
- Step 1: Collect evidence, including medical records, accident reports, and witness testimonies.
- Step 2: It’s highly recommended to consult or hire an attorney experienced in wrongful death cases.
- Step 3: Ensure the lawsuit is filed within the applicable time limits to preserve your legal rights.
Please note that while this summary provides an overview based on Georgia law, consulting with a qualified attorney is essential to address the specifics of any wrongful death case.
Losing a loved one unexpectedly is not only emotionally devastating but can also leave your family facing financial struggles, unanswered questions, and legal uncertainty. We understand that no amount of compensation can replace your loss, but securing justice can provide financial stability and closure your family needs to move forward. At Padron Law, we don’t just handle cases—we support families with compassion, respect, and personalized attention during this painful time. We take the legal burden off your shoulders so you can focus on healing, while we fight to recover the compensation you deserve for lost income, medical bills, funeral expenses, and the emotional toll of your loss.
If your loved one’s death was caused by a car accident, or any other wrongful act, we are here to help. You are not just another case to us. Let our experienced and caring team stand by your side, guide you through the process, and fight for the justice your loved one deserves.
Contact us today to discuss your case and explore your legal options with our compassionate and experienced team.