Who Can File a Wrongful Death Claim in Georgia?
Under Georgia law, only certain individuals are eligible to file a wrongful death claim. These individuals are referred to as the “real parties in interest.”
The real parties in interest in a Georgia wrongful death claim include:
- The deceased person’s surviving spouse
- The deceased person’s surviving children
- The deceased person’s surviving parents
- The personal representative of the deceased person’s estate
If the deceased person does not have a surviving spouse, children, or parents, then the personal representative of the estate is the only person who can file a wrongful death claim. If the deceased person does not have a personal representative, then the claim cannot be filed.
It is important to note that, in Georgia, the surviving family members do not file a wrongful death claim on their own behalf. Instead, they file the claim on behalf of the deceased person’s estate. Any compensation that is awarded in a Georgia wrongful death claim is paid to the estate, not to the surviving family members.
However, the surviving family members can still benefit from a successful wrongful death claim. The compensation that is awarded to the estate can be used to pay for the deceased person’s medical bills, funeral expenses, and other costs. Additionally, the surviving family members may be able to recover compensation for their own losses, such as the loss of the deceased person’s income and benefits and the loss of the deceased person’s companionship and support.
What Is the Statute of Limitations for Wrongful Death in Georgia?
Every state has a statute of limitations for wrongful death claims. The statute of limitations is a strict deadline for filing a lawsuit. If you do not file your wrongful death claim before the statute of limitations expires, you will lose your right to seek compensation.
In Georgia, the statute of limitations for wrongful death claims is two years from the date of the person’s death. If you do not file your claim within this two-year period, the court will almost certainly refuse to hear your case.
There are a few exceptions to the two-year statute of limitations. For example, if the person who caused your loved one’s death is also facing criminal charges, the statute of limitations may be “tolled,” or paused, until the criminal case is resolved. Additionally, if the person who caused your loved one’s death left the state of Georgia, the statute of limitations may be “tolled” until they return.
It is important to consult with an experienced wrongful death attorney as soon as possible after your loved one’s death. An attorney can help you understand your legal rights and options and ensure that your claim is filed within the appropriate deadline.
What Damages Are Available in a Wrongful Death Claim?
When you file a wrongful death claim, you can seek compensation for a wide range of economic and non-economic damages. Economic damages are those that have a specific dollar value, such as medical bills, funeral expenses, and lost wages. Non-economic damages are those that do not have a specific dollar value, such as pain and suffering and loss of consortium.
Some of the most common types of damages that are awarded in a Georgia wrongful death claim include:
- Medical expenses related to the deceased person’s final injury or illness
- Funeral and burial expenses
- Lost wages and benefits
- Loss of future income and benefits
- Pain and suffering
- Loss of consortium
- Loss of care, companionship, and support
In some cases, the court may also award punitive damages. Punitive damages are not intended to compensate the surviving family members for their losses. Instead, they are intended to punish the person who caused the death and deter others from engaging in similar conduct in the future.
In Georgia, punitive damages are only available if the person who caused the death acted with “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” In other words, you must be able to prove that the person who caused your loved one’s death acted with a complete disregard for the safety and well-being of others.
What Are The First Steps In Pursuing A Wrongful Death Claim In Georgia?
In order to make sure your wrongful death claim is headed in the correct direction, you must take certain actions. In order to put together a compelling case, you must first collect all relevant evidence, such as witness accounts, accident reports, and medical records. After that, speak with a wrongful death attorney in Statesboro at Josh D. Tucker to fully comprehend the intricacies of Georgia's wrongful death statutes as well as your legal rights.
Early consultation with wrongful death attorneys in Bulloch County is crucial in effectively navigating the legal framework, guaranteeing that your claim is submitted within the required timeframe and preventing the oversight of essential details. At Josh D. Tucker, our attorneys offer invaluable assistance in pinpointing eligible beneficiaries and determining the comprehensive damages that may be claimed. By acting promptly and following these strategies, your wrongful death claim can be approached with the precision and proficiency needed to achieve justice for your loved one.
Understanding each step of the legal process helps alleviate stress during difficult times. Our experienced team explains every aspect from gathering documentation to filing the claim, providing you with peace of mind knowing that professionals are managing the specifics of your legal journey. This dedicated approach ensures that no crucial detail is overlooked, thus strengthening the potential for a favorable outcome.
How Can a Wrongful Death Lawyer Help?
When you are grieving the loss of a loved one, the last thing you want to do is deal with a complicated legal claim. However, a wrongful death claim can help you secure the financial resources you need to move forward and ensure that the person who caused your loved one’s death is held accountable for their actions.
At Josh D. Tucker, P.C., we are here to handle all aspects of your wrongful death claim so you can focus on your family and your own well-being. Our Statesboro wrongful death attorney can investigate the circumstances surrounding your loved one’s death, gather evidence, and build a strong case on your behalf. We can also handle all communication with the insurance company and fight to protect your rights and best interests at every stage of the process.
Our firm is prepared to help you seek compensation for:
- Medical expenses
- Funeral and burial expenses
- Lost wages and benefits
- Loss of future income and benefits
- Pain and suffering
- Loss of consortium
- Loss of care, companionship, and support
We understand that no amount of money can ever make up for the loss of your loved one. However, a successful wrongful death claim can help you secure the financial resources you need to move forward and ensure that the person who caused your loved one’s death is held accountable for their actions.
Seeking Justice for Your Loved One
Losing a loved one due to someone else's negligence or wrongdoing is a devastating experience. Our Statesboro wrongful death attorney at Josh D. Tucker is here to provide compassionate and aggressive legal representation to help you seek justice for your loved one. We understand the emotional and financial toll of a wrongful death, and we are dedicated to fighting for the compensation and accountability you deserve.
Our experienced legal team can assist you with:
- Investigating the circumstances surrounding the wrongful death
- Gathering evidence to support your case
- Negotiating with insurance companies and at-fault parties
- Filing a wrongful death lawsuit if necessary
- Pursuing maximum compensation for your losses
Let us handle the legal complexities of your wrongful death case so you can focus on healing and honoring the memory of your loved one. Contact Josh D. Tucker for a free consultation.
Compassionate Legal Guidance in Your Time of Need
If you have lost a loved one due to someone else’s negligence, you may be entitled to compensation. Our firm is here to help you understand your legal rights and options and fight for the fair recovery you are owed. We are committed to providing you with the compassionate legal guidance you deserve and the aggressive representation you need.
Call our office today at (912) 715-8251 or contact us online to schedule a free consultation with our Statesboro wrongful death lawyer.
Frequently Asked Questions About Wrongful Death in Georgia
What Types of Negligence Can Lead to a Wrongful Death Lawsuit?
Negligence leading to wrongful death can include a wide array of scenarios. Common instances involve medical malpractice, where a healthcare provider fails to provide the standard of care, leading to fatal outcomes. Similarly, automobile accidents caused by drunk or distracted driving frequently result in wrongful death claims. In Georgia, negligence also includes situations like workplace accidents due to unsafe conditions, or fatalities resulting from defective products, where manufacturers or retailers failed to ensure product safety. Understanding these various forms of negligence allows families to identify the responsible parties more accurately.
How Is Compensation Determined in a Wrongful Death Claim?
Compensation in wrongful death claims is determined based on both economic and non-economic factors. Economic damages may cover funeral costs, lost wages, and medical expenses incurred before death. Non-economic damages account for intangible losses such as loss of companionship, emotional distress, and the pain and suffering of the deceased prior to their death. Additionally, Georgia law may award punitive damages if gross negligence or intentional misconduct is proved. The comprehensive assessment of these factors requires careful documentation and expert testimony, ensuring that families receive deserved compensation for their loss.
Are All Wrongful Death Claims Resolved in Court?
Not all wrongful death claims reach the courtroom. Many are settled outside of court through negotiation, which often provides a quicker resolution and can be less emotionally taxing for families. Settlements typically involve negotiations between legal representatives and insurance companies to agree on a compensation amount. However, if a fair settlement cannot be reached, pursuing the claim in court may be necessary. In these cases, having an experienced lawyer is crucial to effectively represent the family's interests and aim for a favorable verdict.
Why Is an Attorney Essential for Wrongful Death Cases?
An attorney is indispensable in wrongful death cases due to the complexity of legal frameworks and the emotional challenges involved. Lawyers provide pivotal guidance in gathering evidence, protecting clients' rights, and negotiating settlements. An attorney’s experience lies in understanding the finer details of wrongful death law and leveraging that knowledge to advocate effectively for the family's interests. By managing the procedural and strategic aspects of a claim, an attorney allows the family to focus on healing while ensuring that justice is pursued vigorously on their behalf.
