How to File Wrongful Death Lawsuit in Georgia

Need to file a wrongful death lawsuit in Georgia? If you’re loved one suffered wrongful death in Georgia, our law firm is here to walk you through the process of filing a wrongful death claim.

At Ashenden & Associates, our wrongful death attorneys offer a free consultation and work on a contingency-fee basis. This ensures families don’t owe any legal fees unless our law firm is successful with the estate claim or wrongful death claim.

What is a Wrongful Death Lawsuit in Georgia?

A Georgia wrongful death lawsuit is a legal claim brought by specific family members or representatives of the deceased’s estate when a person’s death is caused by a criminal or other negligence, recklessness, or intentional actions of another party. The purpose of wrongful death lawsuits is to recover compensation for the losses suffered by the deceased’s surviving family members, including emotional and financial hardships.

Under Georgia law, wrongful death claims are governed by the Georgia Wrongful Death Act.

Is Wrongful Death Civil or Criminal?

A wrongful death cases are civil matters, not criminal cases, although it can sometimes arise from criminal acts or negligence. The purpose of a wrongful death claim is to provide financial compensation to the surviving family or deceased’s estate of the deceased rather than to punish the at-fault party.

Wrongful death lawsuits are filed in civil court and focus on holding the responsible party accountable for their negligence, such as causing a fatal car accident. For instance, if a car accident at-fault driver causes the victim’s death, the family can file a wrongful death lawsuit to recover compensation, regardless of whether the at-fault driver is charged with a crime or traffic violation.

If the death resulted from a violent crime, such as murder or another act of negligence, there might also be a criminal case against the responsible party. In these situations, the criminal and civil cases are separate:

• A criminal case seeks to punish the wrongdoer through penalties like imprisonment or fines.
• A wrongful death lawsuit seeks to compensate the family for their loss, including the “full economic and non-economic value of the life of the deceased person” and financial burdens like funeral and burial costs.

Damages awarded in a wrongful death claim are distributed to the deceased’s heirs or beneficiaries, often requiring approval from pthe robate court to manage and allocate these funds.

Ultimately, while a wrongful death claim is not a criminal case, it provides families with a means to seek justice and financial recovery after losing a loved one due to another’s criminal or other negligence.

What is Georgia’s Wrongful Death Act

Georgia’s Wrongful Death Act is a Georgia law that provides a legal framework for surviving family members or a personal representative of the deceased person’s estate to file a wrongful death action when the deceased’s death was caused by someone else’s negligence, recklessness, intentional misconduct, or criminal acts. The purpose of Georgia’s Wrongful Death Act is to allow surviving family members to recover compensation for the losses associated with the untimely death of the deceased victim.

Who Can File a Wrongful Death Lawsuit in Georgia

After the deceased dies, typically under Georgia’s Wrongful Death Act, the victim’s family members are those who file a wrongful death lawsuit in Georgia. The family member order is as follows:

1. The deceased’s surviving spouse has the first right to file a wrongful death lawsuit in Georgia. The surviving spouse must also represent any surviving children of the deceased person.
2. If there is no surviving spouse, the surviving children of the deceased person may file wrongful death claims.
3. If there is no surviving spouse or surviving children, the surviving parent of the deceased person may file a wrongful death claim.
4. In the absence of eligible family members, the personal representative of the deceased’s estate may file a wrongful death action (known as an estate claim) on behalf of the deceased person’s estate.

With respect to a Georgia wrongful death claim and whether or not anyone can file a wrongful death lawsuit on behalf of the deceased victim, the burden of proof is on the plaintiff (or their wrongful death lawyers) when filing a Georgia wrongful death lawsuit against a person or entity. Surviving family members of the deceased person must show it’s more likely than not that:

• The individual caused or contributed to the victim’s death
• The individual was negligent or intended to cause the person’s death
• Those who may file a wrongful death suit are alive

How Do You Prove Wrongful Death in Georgia

To prove wrongful death in Georgia, the plaintiff must establish four key elements:

1. Duty of Care: The plaintiff or their wrongful death attorney must show that the defendant owed the deceased victim a duty of care. For example, in motor vehicle accidents, a car accident at-fault driver has a duty to operate their vehicle safely and follow traffic laws.
2. Breach of Duty: The plaintiff or their wrongful death lawyer must demonstrate that the defendant breached this duty through negligence, criminal acts, or reckless behavior. This could include actions like running a red light, failing to maintain safe conditions, or engaging in a crime or traffic violation.
3. Causation: The plaintiff or their wrongful death attorney must prove that the defendant’s breach directly caused the deceased’s death. For example, if a driver’s negligence caused a fatal crash, it must be shown that the death was a direct result of the crash and not due to unrelated factors.
4. Damages: The plaintiff or their wrongful death lawyer must establish the economic value suffered by the family or deceased person’s estate as a result of the loss of his or her life. This includes economic losses like medical and funeral expenses, lost wages, and non-economic losses such as loss of companionship and emotional suffering.

Evidence such as eyewitness accounts, medical records, accident reports, expert testimony, and documentation of financial and emotional losses is critical in proving a wrongful death claim. Consulting experienced wrongful death attorneys ensures these elements are effectively presented.

How Long Does a Wrongful Death Lawsuit Take in Georgia?

The length of a wrongful death lawsuit in Georgia varies depending on several factors, but wrongful death cases generally take anywhere from several months to a few years to resolve.

Key elements that affect the timeline of a Georgia wrongful death claim include:

Investigation and Evidence Gathering: The initial phase involves collecting evidence, interviewing witnesses, and consulting experts. This process can take weeks or months, depending on the complexity of the Georgia wrongful death case.

Negotiations and Settlement Efforts: Many wrongful death cases are settled out of court through negotiations with the at-fault party’s insurance company for insurance coverage. Settlement discussions with the insurance company and the wrongful death attorney can shorten the timeline of the wrongful death claim but may still take months if disputes arise over liability or economic value of the life.

Filing and Pre-Trial Proceedings: If the wrongful death case proceeds to litigation, filing a wrongful death lawsuit and completing pre-trial procedures like discovery and depositions can take several months to over a year.

Trial and Judgment: If the wrongful death case goes to trial, the timeline can extend significantly. Trials involve scheduling, presenting evidence, and awaiting a verdict, which may take additional months.

Appeals: If either party appeals the court’s decision, the wrongful death claim could be delayed further, potentially adding another year or more to the process.

While some straightforward wrongful death and estate claims settle quickly, more complex wrongful death claims involving contested liability or high damages may take years to resolve fully. Consulting knowledgeable wrongful death attorneys can help navigate the process efficiently and provide a clearer timeline based on the specifics of your case.

How Long Does it Take to Settle Wrongful Death Claims in Georgia?

Settling a Georgia wrongful death claim can take anywhere from a few months to several years, depending on factors such as the complexity of the wrongful death claim, the amount of evidence required, and whether the insurance company agrees on liability, damages, and insurance coverage. Simpler cases with clear liability often settle within 6 to 12 months, while more complex cases, or those involving disputes, can take 1 to 3 years or longer.

Wrongful Death vs. Survival Action in Georgia

When wrongful deaths occur due to the negligence or intentional act of another, two types of legal claims may arise a wrongful death action and a survival action. While both are designed to seek justice and compensation, they address different aspects of the loss and are brought by different parties for distinct purposes.

Wrongful Death Action

A wrongful death action focuses on compensating the deceased person’s surviving family members for the impact of the death. Wrongful death lawsuits aim to recover damages for the “full value of the life” of the deceased, including both economic and non-economic losses.

Who Can File: Immediate family members such as the spouse, children, or parents of the deceased. If no family member is available, a representative from the deceased person’s estate representative may file a wrongful death lawsuit in Georgia on behalf of beneficiaries.

Damages Covered:

• Loss of income and financial contributions.
• Loss of companionship, care, and guidance.
• Emotional suffering of family.

Purpose: To compensate family members for the loss of their loved one and the contributions that person would have made to their lives.

Survival Action

A survival action addresses the damages the deceased person could have pursued if they had survived the injury or event. This claim is brought on behalf of the deceased person’s estate and focuses on the pain, suffering, and expenses the deceased experienced before passing away.

Who Can File: The personal representative of the deceased’s estate.

Damages Covered:

• Medical bills incurred prior to death.
• Pain and suffering endured by the deceased person.
• Lost wages and income from the time of injury to the time of death.

Purpose: To address the harm suffered by the deceased person directly, as though they had survived to bring the claim themselves.

Can You File a Wrongful Death Lawsuit and a Survival Action Claim?

In many cases, both a wrongful death lawsuit and a survival action may be pursued simultaneously. This ensures that the deceased’s estate and family can recover all wrongful death damages caused by the responsible party’s actions. Experienced wrongful death lawyers can help families navigate survival action and wrongful death claims effectively.

What is the Value of The Life in a Georgia Wrongful Death Lawsuit

In the context of a wrongful death case, the value of the life refers to the total worth of the deceased person’s life, as measured by both economic and non-economic contributions. The value of the life is a central component of wrongful death damages awarded, particularly under Georgia law. The “value of the life” is intended to reflect what the deceased person’s life meant both financially and personally.

Who Gets the Money in a Wrongful Death Lawsuit in Georgia?

The money from a wrongful death lawsuit is distributed to specific people under Georgia law. The order of priority is as follows:

1. Deceased’s Surviving Spouse: The surviving spouse is the primary beneficiary and receives the compensation. If there are minor children, the spouse must share the money, with the spouse receiving no less than one-third of the total amount.
2. Deceased’s Children: If there is no surviving spouse, the children of the deceased receive the entire award, divided equally among them.
3. Surviving Parent: If there are no spouse or children, the deceased’s parents can recover the compensation.
4. Estate: If there is no immediate family, the representative of the deceased person’s estate can file wrongful death claims in probate court. The money is then distributed according to the deceased’s will or Georgia’s intestacy laws if there is no will.

Georgia law ensures that compensation is directed toward those most affected by the loss, including for both economic and emotional damages.

Are Wrongful Death Settlements Taxable?

The taxability of wrongful death lawsuit settlements depends on the nature of the compensation received. Generally, compensatory damages awarded for physical injuries or sickness are not taxable. This includes amounts received for medical expenses, funeral expenses, pain and suffering, and emotional distress directly related to the physical injury or illness.

However, certain components of a wrongful death lawsuit settlement may be taxable:

• Punitive Damages: These are intended to punish the defendant rather than compensate the plaintiff and are typically considered taxable income.
• Interest: Any interest earned on the settlement amount is generally taxable.

It’s important to note that tax laws can be complex, and the specifics of each case may influence tax obligations. Consulting with a tax professional or wrongful death lawyer is advisable to understand the tax implications of a particular settlement.

How to Divide a Wrongful Death Settlement

Dividing a settlement from a death lawsuit in Georgia involves distributing compensation among the eligible survivors of the deceased, following Georgia law and the specifics of the case. The process typically includes the following steps:

1. Identify Eligible Beneficiaries: Determine who is legally entitled to receive a portion of the settlement. This often includes the spouse, children, and sometimes parents or other dependents, depending on state statutes.
2. Assess State Laws: Each state has specific laws governing the distribution of wrongful death claim settlements. Some states allocate the settlement based on the degree of financial dependence on the deceased, while others may divide it equally among beneficiaries.
3. Consider the Deceased’s Will: If the deceased left a will, it might influence the distribution of the settlement, especially if the settlement becomes part of the estate.
4. Negotiate Among Beneficiaries: In cases where the law does not specify exact distributions, beneficiaries may need to agree on how to divide the settlement. This can involve discussions about each person’s financial needs and relationship to the deceased.
5. Seek Court Approval: Often, a court must approve the proposed distribution to ensure it is fair and in accordance with the law. This is especially true when minor children are involved.
6. Address Outstanding Debts: Before distributing the settlement, any debts or liabilities of the deceased, such as medical bills or funeral expenses, are typically paid from the settlement amount.
7. Consult Legal Counsel: Given the complexities involved, it is advisable for beneficiaries to consult with a wrongful death lawyer to navigate the distribution process effectively.

Georgia Wrongful Death Statute of Limitations

The wrongful death statute of limitations refers to the time limit within which a family member or representative from the deceased’s estate must file a wrongful death lawsuit after a person died due to someone else’s negligence or wrongful act. In most cases, the statute of limitations for a Georgia wrongful death case is two years from when the deceased died.

Exceptions to The Statute of Limitations to File Wrongful Death Claims

While the standard statute of limitations to file a wrongful death lawsuit in Georgia is two years, there are circumstances that may alter the deadline under Georgia law, including:

• Criminal Case: If the deceased’s death is tied to a criminal act, such as homicide or violent crime, the wrongful death statute of limitations may be paused (tolled) until the criminal case concludes. This ensures that the civil justice system and criminal case do not interfere with each other.
• Estate Claims: If the deceased person’s estate is not immediately probated, this may impact the timeline for filing an estate claim or wrongful death claim.

Importance of Filing an Estate Claim or Wrongful Death Claim Within the Statute of Limitations

Failing to file a wrongful death lawsuit in Georgia within the statute of limitations typically results in losing the right to recover compensation through the civil justice system. It is crucial for surviving family members pursuing a Georgia wrongful death case to consult a Georgia wrongful death attorney promptly to ensure all deadlines are met.

By understanding the wrongful death statute of limitations, families can take timely action to secure justice and hold responsible parties accountable for the victim’s death.

How a Sandy Springs Wrongful Death Claim Lawyer Can Help

A Sandy Springs wrongful death attorney provides crucial support for families navigating the complexities of wrongful death cases. Losing a loved one due to someone else’s negligence or misconduct can be overwhelming, and pursuing legal action may feel daunting. A knowledgeable Georgia wrongful death attorney can guide you through the process, ensuring your rights are protected and you receive the compensation you deserve.

From investigating the circumstances of the death to gathering evidence and negotiating with insurance companies, a Georgia wrongful death attorney handles all aspects of wrongful death lawsuits. They can calculate damages, including the “full value of the deceased’s life,” medical expenses, and funeral costs, while also providing compassionate support during a difficult time.

Contact us today about legal representation for a wrongful death claim. Call (770) 394-8909 or fill out our online form to schedule your free consultation.