Following the death of a loved one caused by another person’s actions, it’s essential to know the steps involved in filing a wrongful death lawsuit in Georgia. These steps include consulting an attorney, gathering evidence, calculating damages, and filing your suit within the two-year time limit.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of legal action against a party who causes the death of another person through their intentional or negligent actions. Through these lawsuits, surviving family members of the deceased person can seek compensation based on the losses their loved one suffered by having their life cut short.
Under Georgia law, another type of legal action arising out of wrongful deaths is a survival action. This action differs from a wrongful death claim. The deceased person’s estate brings the action and seeks compensation for losses the deceased suffered before their death, such as medical bills and lost wages.
Who Must File a Georgia Wrongful Death Lawsuit?
Under the Georgia Wrongful Death Act, the deceased’s surviving spouse is the first party able to file a wrongful death lawsuit. If there is no surviving spouse, the deceased’s children can file the claim. If there are no surviving children, the deceased’s parents can file it.
When the deceased has no surviving spouse, children, or parents, the administrator or executor of the estate may file the lawsuit on behalf of the deceased’s other descendants, next of kin, and dependents.
What Is the Time Limit for Filing a Wrongful Death Action in Georgia?
The statute of limitations for filing a wrongful death claim in Georgia gives surviving family members two years from the date of their loved one’s death to bring a lawsuit against the at-fault party.
You must file your lawsuit within this period to be eligible to recover compensation for the loss of your loved one. For this reason, you should consult with an experienced wrongful death lawyer as early as possible.
What Are the Steps for Filing a Georgia Wrongful Death Claim?
The first step involved in filing a Georgia wrongful death claim is to consult an experienced attorney and have them handle your case from start to finish.
After you hire a lawyer, they’ll investigate your loved one’s death to identify the at-fault party and gather supporting evidence to strengthen your case. They’ll then calculate the value of your case by adding up your loved one’s economic losses and estimating their non-economic losses.
Once your case’s value is determined, your lawyer will file your claim and enter settlement negotiations with the at-fault party’s insurer. If you don’t accept a settlement offer, your lawyer can take your case to trial to seek maximum compensation for you.
What Evidence Can Prove Wrongful Death?
Successfully proving that a wrongful death occurred and recovering maximum compensation requires gathering several key pieces of evidence. Evidence your lawyer may use to support your case includes:
- Your loved one’s medical records
- Accident scene photographs
- Traffic or security camera footage
- Eyewitness statements
- Expert witness testimony, such as from medical professionals or accident reconstruction specialists
- Your loved one’s income statements.
Gathering this evidence can be time-consuming, making it crucial to begin working with a law firm as soon as possible. The more time you give your lawyer to collect robust evidence, the stronger your case will be.
What Damages Can You Seek in a Wrongful Death Lawsuit?
Through a wrongful death lawsuit, you can seek economic and non-economic damages. Economic damages are compensation for the tangible losses related to the person’s death, such as funeral and burial costs. Non-economic damages are compensation for your loved one’s intangible losses, such as the loss of the enjoyment they would have continued to experience.
The compensation recovered through a wrongful death lawsuit is split evenly between the surviving spouse and the children of the deceased. However, the spouse will receive at least one-third of the total amount through this distribution.
How Is the Value of Lost Life Calculated?
The value of lost life is the combined economic and non-economic damages sought through your lawsuit. It is determined by adding up your loved one’s tangible losses and estimating their intangible losses.
Several factors go into this calculation, including your loved one’s age and earning capacity. It’s also essential to work with a knowledgeable lawyer who will properly value your loved one’s intangible losses.
Does Georgia Place a Cap on Wrongful Death Damages?
In most wrongful death cases, there is no cap on damages you can recover. However, the one exception lies in cases arising from medical malpractice.
If your loved one died as a result of medical malpractice, Georgia law will cap your non-economic damages at $350,000 from a single medical facility and $700,000 from more than one medical facility.
How Can a Georgia Wrongful Death Attorney Help Me with My Claim?
A Georgia wrongful death attorney can assist with your claim by:
- Providing general legal advice relating to your case
- Identifying the at-fault party or parties
- Collecting evidence to strengthen your claim
- Filing your lawsuit within the deadline set by the statute of limitations
- Calculating the value of life
- Negotiating with the at-fault party’s insurer for a fair settlement
- Handling all correspondence with the insurance company
- Taking your case to trial to pursue the compensation you deserve.
Contact a Georgia Wrongful Death Lawyer
Our wrongful death lawyers at Bayuk Pratt have more than 50 years of combined legal experience and have recovered more than $300 million for deserving clients.
We offer insider knowledge as former high-stakes defense attorneys. Our founding partners served as senior partners for two of the world’s largest and most elite defense law firms. Our battle-tested personal injury, wrongful death, and civil litigation lawyers also have extensive experience taking on insurance giants and seeking the compensation survivors need.
If your loved one passed away due to someone else’s actions in Georgia, contact Bayuk Pratt today for a free consultation.
