Losing a loved one is an unbelievably tragic event that can bring about a great deal of emotional and financial suffering. If you lost a loved one due to the negligence or incompetence of another party, you have the opportunity to seek legal recourse and possibly receive compensations for the damages caused by your loved one’s death.
Wrongful death in the state of Georgia is defined as a death that results from the “negligent, reckless, intentional, or criminal” act of another party. In order to file a wrongful death suit, the individual filing the suit must provide evidence that an act of negligence occurred.
Filing a Wrongful Death Claim in Georgia
The spouse of the victim may file a wrongful death claim. If the victim and his or her spouse have dependents who are minors, the spouse must act on the behalf of these dependents. In the state of Georgia, the deceased individual’s spouse is entitled to one-third of the awarded compensation, regardless of how many
dependents there are.
In the case that the deceased party has no surviving spouse or dependents to file a claim in court, then the claim may be filed by a parent of the deceased or a representative of the victim’s estate.
Types of Georgian Wrongful Death Claims
There are two different types of wrongful death in the state of Georgia. The first type of claim is to assess the “full value of the life of the deceased.” This includes the cost of things with a set monetary value, such as lost wages, as well as things that do not have a set monetary value, such as loss of companionship.
The second type of claim is to define and provide reparations for the financial loss that accompanied the death of the victim. Some of the damages that the plaintiff may receive compensation for are the cost of the deceased individual’s medical treatments, the cost of funeral services, and the suffering that the victim underwent.
Georgia’s Statute of Limitations
Every state has a time period in which you must file your claim in order for your case to make it to court. In the state of Georgia, the plaintiff has two years to file a wrongful death claim. There are exceptions to this rule. For example, the time period is paused if the court is handling a criminal case concerning the same incidents as the wrongful death claim. The time period resumes once the criminal case reaches its end.
Hiring a lawyer who is well-versed in Georgia’s laws is the best way to ensure that you present the strongest case possible. Our team of expert attorneys has the knowledge and capability to review the events leading up to the wrongful death of your loved one and decide what options are available to you.
Georgia Wrongful Death Lawyer
The loss of a loved one is never an easy situation to face. The Nye Law Group has the resources and the ability to provide you with the support and legal guidance that you need during this difficult time. Call us at (912) 200-5230 to learn more.
