In Georgia, certain family members, such as a decedent’s spouse, children, or parents, may file a wrongful death claim. When a decedent leaves no eligible surviving family members, the administrator or executor of their estate can bring the wrongful death claim on behalf of the decedent’s next of kin. An experienced Georgia wrongful death lawyer can explain your rights to you in detail and pursue the filing process on your behalf.
What Is the Hierarchy for Filing a Wrongful Death Claim in Georgia?
If you’ve lost a loved one because of something someone else did, your family deserves justice and accountability for what you’ve had to suffer. A wrongful death claim can allow you to hold at-fault parties responsible for your loved one’s passing. However, filing a wrongful death claim in Georgia involves specific rules and procedures, including requirements for who may file the claim:
Surviving Spouse
Under Georgia’s wrongful death act, a surviving spouse may bring a wrongful death action for their spouse’s passing. If a surviving spouse passes away after filing a wrongful death claim, the action survives to the decedent’s children.
Surviving Children
If a decedent left no surviving spouse, then the decedent’s children may bring the wrongful death action. A minor child can bring a wrongful death action following a parent’s death through a parent, guardian, or next friend – a person who appears in court on behalf of someone who is not eligible to do so themselves.
Surviving Parents
When someone passes away without a surviving spouse or children, the decedent’s parents may have the right to file the wrongful death action under state law.
Representative of the Estate
If a decedent leaves no survivor entitled to bring a wrongful death action, Georgia law gives the administrator or executor of the decedent’s estate the right to bring the action. Any compensation recovered this way goes to the decedent’s next of kin. The administrator or executor can also recover on behalf of the decedent’s estate for funeral, medical, and other expenses arising from the decedent’s final injury and death.
What Is Needed to Bring a Georgia Wrongful Death Claim?
To recover compensation from a wrongful death claim you must prove that another party caused your loved one’s death through their negligent or intentional conduct. In wrongful death cases involving negligence, you must establish four elements:
- Duty of care – The liable party must have owed your loved one a certain level of care. For example, in fatal car accidents, the at-fault driver had a duty to drive carefully and obey traffic laws.
- Breach of duty – You must then prove that the responsible party didn’t meet this level of care, such as by running a red light or manufacturing a defective product.
- Causation – The at-fault party’s action must have caused your loved one’s fatal injuries.
- Damages – You have to show that your loved one’s death resulted in losses, such as medical expenses, funeral costs, and lost income.
Depending on the circumstances of your loved one’s death, you may need various forms of evidence to prove the cause of their death and identify who is at fault for it. This evidence might include the following:
- Accident scene photos and videos
- Surveillance camera footage
- Eyewitness testimony
- Police motor vehicle accident reports
- Medical records and treatment notes
- Repair and maintenance records
- Post-accident inspections
- Staffing records
- Written correspondence
- Cell phone records
- Testimony and reports from accident reconstruction, engineering, or medical experts
An experienced wrongful death attorney can help you recover evidence relevant to the circumstances of your loved one’s passing to determine who you can hold responsible for your family’s loss.
What Types of Damages Can Be Claimed in a Georgia Wrongful Death Lawsuit?
In Georgia, a wrongful death claim allows a decedent’s family to recover compensation for “the full value of the life of the decedent.” The “full value” of the decedent’s life includes financial and intangible losses, such as:
- The decedent’s wages and financial contributions to the family, including benefits such as health insurance
- The value of the services the decedent provided to the household, such as housekeeping, childcare, or home maintenance
- The decedent’s care, companionship, and advice
When an individual dies a survival action can be brought along with a wrongful death claim. The survival action seeks to recover compensation for losses incurred by the decedent or their estate, such as:
- Medical expenses for treating the decedent’s final injury or illness
- Conscious pain and suffering experienced by the decedent before their death
- Loss of wages between the decedent’s injury and death
- Reasonable funeral and burial expenses
- Other expenses arising from the decedent’s injury or illness
How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?
Georgia’s statute of limitations generally gives your family two years from your loved one’s passing to file a wrongful death lawsuit against those responsible. However, different deadlines may apply in various wrongful death cases. Be sure to ask one of the experts at Bayuk Pratt about any differences that may be applicable for the statute of limitations.
Contact a Georgia Wrongful Death Lawyer
Have you lost someone you love because of someone else’s careless, reckless, or wrongful behavior? If so, you deserve accountability, justice, and compensation for what you and your family suffered. Contact Bayuk Pratt today for a free, no-obligation consultation with an experienced wrongful death lawyer in Georgia, and we’ll explain your options in detail.
