- Understanding Wrongful Death Claims in Georgia
Understanding Wrongful Death Claims in Georgia
Losing a loved one due to someone else’s negligence or misconduct is a devastating experience. While no legal action can replace the loss, a wrongful death claim can provide financial support and hold the responsible party accountable. In Georgia, wrongful death cases follow specific legal guidelines that determine who can file a claim, what compensation is available, and how long families have to take legal action.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person dies due to another party’s negligence, recklessness, or intentional misconduct. These claims allow surviving family members to seek compensation for both economic and emotional losses caused by their loved one’s death.
Wrongful death claims commonly arise from:
- Car accidents caused by reckless or impaired drivers
- Medical malpractice resulting in fatal injuries
- Workplace accidents due to unsafe conditions
- Defective products leading to fatal injuries
- Criminal acts such as assault or homicide
To succeed in a wrongful death claim, the plaintiff must prove that the at-fault party’s actions directly caused the death and resulted in financial and emotional losses for the surviving family.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law specifies who has the legal right to file a wrongful death lawsuit. The order of priority is as follows:
- The spouse of the deceased has the first right to file a claim. If the couple had minor children, the spouse must represent their interests as well.
- Children of the deceased can file the claim if there is no surviving spouse.
- Parents of the deceased may file if the deceased had no spouse or children.
- The personal representative of the deceased’s estate can file if no immediate family members are available. In this case, any compensation awarded will go to the estate and be distributed according to the deceased’s will or Georgia inheritance laws.
Types of Compensation in a Wrongful Death Case
Wrongful death claims in Georgia provide compensation in two primary categories:
1. The Full Value of the Life of the Deceased
This category includes both tangible and intangible losses suffered due to the death:
- Lost wages and benefits that the deceased would have earned over their lifetime
- Loss of companionship, care, and guidance provided by the deceased to their family
- Emotional suffering endured by surviving family members
2. Financial Losses Related to the Death
This part of the claim covers expenses directly related to the accident and death, including:
- Medical bills for treatment received before passing
- Funeral and burial expenses
- Pain and suffering endured by the deceased before death
While many states allow punitive damages in wrongful death cases, Georgia does not typically award punitive damages in these claims unless the case involves egregious misconduct.
How Long Do You Have to File a Wrongful Death Lawsuit?
The statute of limitations for wrongful death claims in Georgia is generally two years from the date of death. However, certain factors may extend or shorten this time frame, including:
- Criminal cases related to the death: If a criminal investigation is ongoing, the statute of limitations may be paused until the case is resolved.
- Estate claims: If the deceased’s estate is not settled, the time limit may be extended up to five years.
- Government-related claims: If the wrongful death involves a government agency, special notice requirements and deadlines may apply.
Because missing the deadline can prevent you from recovering compensation, it is critical to consult with a wrongful death attorney as soon as possible.
Proving Liability in a Wrongful Death Case
To hold a party responsible for wrongful death, the plaintiff must establish:
- Duty of Care – The at-fault party had a legal duty to act reasonably and safely.
- Breach of Duty – They failed to uphold this duty, either through negligence, recklessness, or intentional harm.
- Causation – Their actions directly caused the death.
- Damages – The family suffered financial and emotional losses as a result.
Evidence such as police reports, medical records, expert testimony, and witness statements can help build a strong case.
How 770GoodLaw Can Help
At 770GoodLaw, we understand that wrongful death cases are not just about financial compensation but about seeking justice for your loved one. Our experienced attorneys will:
- Investigate the case thoroughly to determine liability
- Gather strong evidence to prove negligence
- Negotiate with insurance companies for fair compensation
- Take the case to court if a fair settlement cannot be reached
If you have lost a loved one due to someone else’s negligence, don’t navigate the legal process alone. Contact 770GoodLaw today for a free consultation, and let us help you seek justice for your family.
