The right to file a wrongful death lawsuit in Georgia is reserved for specific individuals as outlined by state law. The deceased’s surviving spouse has the primary right to file a wrongful death claim, representing both their own interests and those of any minor children while ensuring they receive no less than one-third of the settlement. If there is no spouse, the surviving children may file a wrongful death lawsuit, and if no children exist, the surviving parents can pursue the wrongful death case. When no immediate family members are available, the personal representative of the deceased person’s estate may step in to seek justice on behalf of the deceased’s heirs. This framework ensures that those most affected by the loss have the opportunity to secure compensation and accountability.
Contact a wrongful death lawyer in Sandy Springs for a free consultation to learn more.
Who Can File a Wrongful Death Lawsuit in Georgia?
The following can file a wrongful death lawsuit in Georgia:
Deceased’s Surviving Spouse
In a Georgia wrongful death lawsuit, the surviving spouse has the primary right to file wrongful death claims after a loved one’s passing. The spouse represents not only their own interests but also those of the children, ensuring that any compensation is shared appropriately.
According to Georgia law, the surviving spouse must receive no less than one-third of the total wrongful death lawsuit settlement, regardless of the number of children involved. This ensures that the surviving spouse is provided financial relief for their loss, including compensation for lost income, companionship, and emotional suffering. Consulting a Georgia wrongful death attorney can help ensure that the wrongful death claims process is handled effectively and that all legal rights are protected.
Surviving Children of the Deceased Person
Under Georgia law, the surviving children of the deceased person have the right to share in any compensation recovered through a wrongful death claim. If there is a surviving spouse, they must represent the interests of the children when they file wrongful death lawsuits, with the spouse receiving no less than one-third of the total settlement.
In wrongful death cases where there is no surviving spouse, the children may file wrongful death lawsuits directly, ensuring they receive compensation for the loss of financial support, companionship, and guidance from their lost parent.
Surviving Parent of the Deceased Person
Under Georgia law, the surviving parents of the deceased victim have the right to file a wrongful death lawsuit in Georgia if there is no surviving spouse or children. The law allows parents to seek compensation for the loss of their child, addressing both emotional and financial impacts, such as the loss of companionship and funeral expenses.
When both parents are alive, they typically share the settlement equally, unless otherwise agreed. If only one parent survives, they receive the full compensation. This ensures that the rights of the surviving parents of the deceased person are protected when there are no other immediate family members eligible to bring the claim.
Surviving Family Members of the Deceased Person Not Eligible
In Georgia, if there is no surviving child, spouse, or parents, other surviving family members are generally not eligible to file wrongful death claims. Instead, the right to file a wrongful death lawsuit in Georgia would fall to the personal representative of the deceased person’s estate, who could pursue damages on behalf of the deceased’s estate.
In such wrongful death cases, compensation for funeral and burial costs, medical bills incurred, and other financial damages would be distributed through the estate to any heirs according to the deceased person’s will or Georgia’s intestacy laws. While family members beyond the immediate next of kin do not typically have the legal standing to bring a wrongful death claim in Georgia directly, they may still receive a portion of the wrongful death lawsuit settlement if named as heirs in the estate distribution.
Personal Representative of the Deceased’s Estate
The personal representative of the deceased person’s estate plays a vital role in managing certain aspects of a wrongful death claim in Georgia. Under Georgia’s wrongful death act, the personal representative is responsible for filing an estate claim on behalf of the victim’s estate to recover damages such as medical expenses, funeral expenses, and pain and suffering experienced by the deceased person.
Typically, the personal representative of the deceased person’s estate is the same person authorized to file a wrongful death lawsuit in Georgia, but even if they’re different, the two claims can be joined as a single lawsuit under Georgia law.
These damages are separate from those sought by surviving family members. Any compensation awarded in the estate claim is distributed to the deceased’s estate and must go through probate court to ensure it is allocated according to the deceased’s will or Georgia law regarding inheritance. This process ensures that the financial and legal matters tied to the deceased’s estate are handled appropriately.
What is an Estate Claim in a Wrongful Death Case?
An estate claim in a wrongful death case refers to a legal action brought on behalf of the deceased person’s estate to recover certain damages resulting from the deceased’s death. These estate claims are separate from the Georgia wrongful death claim filed by surviving family members under Georgia’s Wrongful Death Act.
A personal representative of the victim’s estate may seek compensation for damages such as medical expenses incurred before death, funeral and burial costs, and pain and suffering experienced by the deceased person before death.
Any compensation awarded through an estate claim is typically paid to the deceased’s estate and distributed according to their will or through probate court if no will exists. An estate claim under Georgia law ensures that the financial obligations and contributions tied to the deceased person’s estate are appropriately addressed.
What is Wrongful Death Negligence?
In Georgia, wrongful death negligence refers to a situation where a person’s death is caused by another party’s failure to act with reasonable care. This negligence can involve a wrongful act, omission, or recklessness that directly results in the victim’s death.
Common examples include a driver failing to obey traffic laws and causing a fatal car accident, a property owner neglecting to address hazardous conditions, or a medical professional making an avoidable error during treatment.
To prove wrongful death negligence, families or their wrongful death lawyers must prove that the responsible party had a duty of care, breached that duty through their wrongful action or negligence, and that this breach directly caused the person’s death. Establishing these elements is essential for pursuing a wrongful death claim in Georgia.
A Georgia wrongful death attorney from our law firm can explain more during a free consultation.
Elements of a Wrongful Death Claim in Georgia
To succeed in a wrongful death claim in Georgia, the following elements must be proven:
- Wrongful Action or Negligence: The wrongful death lawsuits must result from wrongful acts, negligence, or intentional misconduct, such as reckless driving or medical malpractice, that directly caused the deceased’s death.
- Duty of Care: Evidence must show that the at-fault party had a duty of care toward the deceased and breached that duty.
- Causation: The breach of duty must be directly linked to the cause of the deceased’s death.
- Damages: The surviving family must demonstrate the losses suffered, including emotional loss, lost income, and funeral and burial costs.
For families who need to file wrongful death claims, working with a Georgia wrongful death attorney can help ensure these elements are effectively presented, maximizing the chances of financial recovery. A dedicated law firm can provide the legal guidance needed to pursue justice and fair compensation.
Wrongful Death Examples
There are many wrongful death examples in Georgia beyond a typical car accident, where a loved one’s death is caused by negligence or intentional harm.
Common examples of wrongful death cases include fatalities resulting from a motor vehicle crash caused by an at-fault driver, workplace accidents, or defective products. A wrongful death action may also arise from a violent crime or medical malpractice where negligence directly leads to a death.
In the case of a car accident, a wrongful death action could involve a drunk or distracted at-fault driver whose recklessness caused the fatal collision. These wrongful death examples demonstrate how a variety of negligent or intentional acts can lead to claims for justice and compensation.
Is Wrongful Death Civil or Criminal in Georgia?
Every Georgia wrongful death case is handled through the civil justice system, so it’s not a criminal case. In Georgia, wrongful death lawsuit claims seek financial recovery for surviving family members of the deceased victim rather than imposing penalties associated with a criminal case, such as imprisonment or fines.
If the person died as a result of a criminal act, such as a violent crime or traffic violation, the Georgia wrongful death lawsuit itself focuses on damages for the family and may include punitive damages to deter such acts considered criminal or other negligence, like extreme medical negligence, violent crime or traffic violation, but any criminal penalties are handled in the criminal case, outside of the civil justice system.
Many wrongful death cases arise from criminal intent, criminal negligence, or even a traffic violation that caused the victim’s death, especially in the Atlanta area. In some instances, a criminal prosecution may run parallel to a wrongful death lawsuit, but the two are separate processes with different objectives. Wrongful death claims address criminal or other negligence by holding the responsible party financially accountable, regardless of the outcome of the criminal case.
How to File a Wrongful Death Lawsuit in Georgia
Knowing how to file a wrongful death lawsuit in Georgia is essential for seeking justice and financial recovery after a loved one’s death.
The first step is to determine eligibility. The deceased’s spouse, children, or parents are eligible to file a wrongful death lawsuit in Georgia. If no immediate family members are available, the personal representative of the deceased person’s estate may file a wrongful death claim.
Next, consult an experienced wrongful death lawyer who can guide you through the legal process. This includes gathering evidence, calculating damages, and identifying all potential sources of compensation, such as the responsible party’s insurance coverage. Wrongful death attorneys will also negotiate with the insurance company to seek a fair settlement or prepare the wrongful death case for court if necessary.
It is critical to act quickly, as Georgia’s statute of limitations generally requires that wrongful death lawsuits be filed within two years of the person’s death. Failure to meet this deadline may forfeit your right to pursue compensation through the wrongful death claim. A knowledgeable wrongful death lawyer ensures that all deadlines are met and that you are positioned for the best possible financial recovery.
Georgia Wrongful Death Statute of Limitations
The wrongful death statute of limitations in Georgia is the legal timeframe within which eligible family members or the personal representative of the deceased person’s estate must file a wrongful death claim in Georgia.
Generally, the statute of limitations for wrongful death lawsuits is two years from the date of the victim’s death. However, certain circumstances may pause (or “toll”) the timeframe, such as an ongoing criminal case related to the death.
It is crucial to understand that missing the wrongful death statute of limitations means losing the legal right to seek financial recovery through a wrongful death lawsuit in Georgia. Consulting an experienced attorney can ensure that you meet the wrongful death statute of limitations and properly file a wrongful death claim in Georgia within the required timeframe.
What is The Value of the Life in a Georgia Wrongful Death Claim
In a Georgia wrongful death claim, the “value of the life” represents what the person’s life meant in both measurable and intangible terms. It includes the economic value of the life, such as lost wages, benefits, and financial contributions the deceased would have made, as well as the non-economic value of the life, which reflects the personal experiences, companionship, and relationships that were lost due to the death.
Unlike claims for the victim’s estate, which cover expenses like medical bills or funeral expenses, the value of the life is calculated from the perspective of what his or her life was worth. Proving this value often requires wrongful death lawyers to present detailed evidence and negotiate with the insurance company to ensure fair financial recovery. Families navigating wrongful deaths rely on the skilled legal representation of a wrongful death lawyer to highlight these critical aspects and secure justice.
Wrongful Death Settlements and Jury Awards
Wrongful death lawsuit settlements and jury awards in Georgia vary significantly depending on the specifics of the case. While the average wrongful death settlement in Georgia can range from hundreds of thousands to several million dollars, the actual amount depends on factors like the economic value of the deceased’s life, the emotional impact on the surviving family, and the circumstances of the death.
In some cases, a jury may also award punitive damages to punish egregious negligence or misconduct, further increasing the potential compensation. Whether through negotiation or trial, a successful wrongful death claim in Georgia requires presenting strong evidence of the deceased’s contributions and the impact of their loss.
Experienced wrongful death lawyers play a critical role in securing fair settlements or representing families in a wrongful death lawsuit to achieve justice.
How Our Lawyers Can Assist With Wrongful Death Claims in Georgia
Our wrongful death attorneys provide compassionate and skilled representation to help families navigate the complexities of a Georgia wrongful death case. From gathering evidence to identifying liable parties, our law firm ensures that every aspect of your case is handled with precision.
We work closely with you to assess damages, including economic and non-economic losses, and negotiate with insurance companies to secure fair compensation.
Our wrongful death lawyers are prepared to file a wrongful death lawsuit in Georgia to seek justice for your family. By relying on experienced legal guidance, you can focus on healing while we fight for the accountability and compensation your family deserves.
