In Georgia, if someone loses their life because of another person’s carelessness, recklessness, or intentional actions, their family has the right to pursue a wrongful death lawsuit against the responsible party. This legal process allows loved ones to seek compensation for what they have lost and hold the party accountable for their actions.
How Does Georgia Define a Wrongful Death?
Georgia law defines a wrongful death as one caused by someone else’s carelessness, intentional harm, or failure to act when they had a responsibility to do so. This definition can include cases like:
- Car, truck, and motorcycle accidents
- Workplace accidents
- Medical malpractice
- Criminal acts.
A wrongful death claim provides surviving family members with a way to hold the responsible party accountable and recover just compensation.
What Are the Four Elements That Must Be Proven in a Wrongful Death Claim?
To win a case based on negligence, you must prove four key elements:
- Duty of care — You must show that the person or entity responsible had a legal obligation to act with care. For example, a driver must follow traffic laws.
- Breach of duty — You must prove the party failed to meet their duty. For instance, if a driver ran a red light, they would breach the duty of care they owed to other drivers on the road.
- Causation — You must also show the breach of duty directly led to your loved one’s death. Accident reports and medical records can serve as crucial evidence.
- Damages — You must also demonstrate the financial and emotional losses caused by the wrongful death, such as any pain and suffering, lost earnings, or medical costs.
Who Can Bring a Wrongful Death Claim in Georgia?
Georgia law allows the following parties to file a wrongful death claim:
- Spouse — The first person who can file a wrongful death claim after a fatal accident is the surviving spouse. They may also include claims on behalf of the deceased’s children under their care.
- Children — If the decedent has no surviving spouse, their children can file a claim, including adult and minor children.
- Parents — If the decedent does not have a spouse or children, their parents may file the claim, which allows them to seek justice for the loss of their child.
If the wrongful death victim leaves behind none of the above survivors, the person listed as their personal representative may take on the responsibility. The victim’s will should name this person. A court can appoint someone to serve in that capacity if it does not. The compensation award in this situation is distributed to the victim’s next of kin.
Georgia law defines who can file a wrongful death claim and how family members divide the compensation. Speaking with an experienced wrongful death lawyer can help clarify your situation.
What Is the Georgia Statute of Limitations for Filing a Wrongful Death Claim?
In Georgia, you must file a wrongful death claim within two years of the person’s death. If you miss this deadline, a court could dismiss your case, and you could lose the opportunity to seek compensation.
Are There Any Situations That Might Increase or Shorten the Statute of Limitations?
The timeline for filing a wrongful death claim may be longer in some situations, including the following:
- Criminal cases — If the wrongful death involves a criminal investigation, such as in a homicide, the statute of limitations may pause until the criminal case concludes. The pause allows families to focus on the criminal case while preserving their right to file a civil claim later on, regardless of the criminal case’s outcome.
- Cases involving government entities — If the wrongful death action lists a government agency as a defendant, such as when a city-owned vehicle causes a fatal car accident, you may have to act sooner by giving notice of your intent to file a claim.
How Long Can It Take to Settle a Wrongful Death Claim in Georgia?
The wrongful death claim process typically involves the following steps:
- Gathering essential documents related to the death, like medical records and accident reports.
- Identifying who is legally entitled to bring the claim.
- Contacting an experienced lawyer to help guide you through the process.
- Investigating the cause of death and collecting evidence to support your case.
- Calculating the damages you seek.
- Filing the lawsuit in the appropriate court before the deadline.
- Trusting that your lawyer will work hard to negotiate a fair settlement or, if necessary, prepare for trial.
The time it takes to resolve a wrongful death claim varies. Simple cases might settle in a few months. More complicated cases involving disputes or large insurance companies can take a year or longer. Families should prepare for delays, especially if court hearings become necessary. The most influential factors include:
- Strength of the evidence.
- Clear or disputed liability.
- Willingness of the other party’s insurance company to offer a fair settlement.
- There is a need to go to trial if the parties cannot settle.
It can feel like a long process. However, pursuing a wrongful death claim may be the only way to seek justice and financial relief for your family.
Contact a Georgia Wrongful Death Lawyer
At Bayuk Pratt, we have over 50 years of combined legal experience serving the Atlanta community and have successfully recovered more than $300 million for our clients. Our founding partners bring insider knowledge from their time as senior attorneys at two of the world’s largest insurance defense law firms. We focus on personal injury, wrongful death, and civil litigation cases, fighting tirelessly to achieve justice for those we represent.
Check out our results to see our successes and testimonials to hear from our clients. Contact us today for a free consultation.
