404-636-4900 According to the CDC, there are nearly 200,000 unintentional injury deaths per year in the United States (leading causes included falls, motor vehicle traffic accidents, and poisoning). When someone loses their life due to someone else’s negligence or intentional harm, understanding more about the legal options available to seek justice can provide some financial stability for the family during such challenging times.
In today’s article, our team of wrongful death lawyers at Deming Parker will provide valuable insights for those seeking justice and compensation for the untimely loss of a loved one.
What Constitutes Wrongful Death in Georgia?
Under Georgia law, wrongful death is defined as the death of a human being caused by the negligent, reckless, intentional, or criminal actions of another person or entity. As per O.C.G.A. § 51-4-1, wrongful death covers deaths resulting from crimes, criminal or other negligence, or defective products, regardless of negligence.
Some examples where wrongful death can occur include:
- Car Crashes: Fatalities resulting from negligent or reckless driving, including drunk driving or distracted driving, fall under wrongful death.
- Medical malpractice: When a healthcare professional’s error or negligence leads to a patient’s death, the responsible parties are liable.
- Defective products: Manufacturers, distributors, and sellers can be held accountable if a defect in a product causes a fatal injury.
- Intentional or criminal acts: Deaths caused by deliberate actions, such as assault or other criminal behavior, are also considered wrongful deaths.
In each of these cases, the surviving family members have the right to seek compensation for their loss, covering both economic and non-economic damages.
Who Can File a Wrongful Death Lawsuit in Georgia?
Under O.C.G.A. § 51-4-2, the right to file a lawsuit is structured in a specific hierarchy to ensure the appropriate party can recover for the full value of the deceased’s life. The hierarchy of who can file a wrongful death lawsuit in Georgia is as follows:
- Surviving spouse: The primary right to file a wrongful death lawsuit belongs to the surviving spouse.
- Children: If there is no surviving spouse, the children of the deceased can file the lawsuit.
- Parents: In the absence of a surviving spouse or children, the deceased’s parents are eligible to file the claim.
- Administrator or executor: If none of these relatives are available, the administrator or executor of the deceased’s estate can pursue the lawsuit.
Types of Damages Available in a Georgia Wrongful Death Case
As per O.C.G.A. § 51-4-5, if a person dies due to a crime or any type of negligence, the deceased’s personal representative can claim compensation for funeral, medical, and other necessary expenses related to the injury and death. Thus, compensation can be categorized into economic and non-economic damages:
Economic Damages
Economic damages refer to the financial, tangible losses incurred due to the death of a loved one. These include:
- Lost wages, benefits, and services: The income and benefits the deceased would have provided to the family.
- Medical expenses: Costs related to the deceased’s final illness or injury.
- Funeral and burial expenses: Costs related to the deceased’s funeral and burial arrangements.
Non-Economic Damages
Non-economic damages address the intangible, more subjective losses in wrongful death cases. These include:
- Loss of care, companionship, and guidance: Covering the emotional and relational impact of losing a loved one.
- Pain and suffering: The physical and emotional pain endured by the deceased before death, if pursuing a survival action.
The Statute of Limitations for Wrongful Death Claims in Georgia
The statute of limitations for filing a wrongful death lawsuit in Georgia is generally two years from the date of death. However, certain circumstances can extend or “toll” this period.
For instance, if a wrongful death results from a criminal act, the statute of limitations pauses until the criminal case concludes, potentially extending the deadline up to six years. Additionally, if the deceased’s estate remains unprobed, the statute of limitations can extend for up to five years.
In any case, to preserve your right to seek compensation, acting promptly and consulting with an experienced lawyer as soon as possible after the death occurs is essential.
Proving Liability in a Wrongful Death Case
To prove liability in a wrongful death case, the plaintiff must establish the defendant’s negligence, recklessness, or intentional actions directly caused the death. This requires a thorough investigation and evidence-gathering, including collecting eyewitness testimonies, expert opinions, medical records, and any relevant documentation that supports the claim.
The evidence’s strength directly influences the case’s outcome, making it crucial to work with legal professionals who can build a compelling argument and effectively present it in court. Additionally, having a clear understanding of the legal standards and requirements under Georgia law will provide a solid foundation for pursuing a wrongful death claim.
Common Defenses Against Wrongful Death Claims
In wrongful death cases, defendants frequently use various defenses to avoid liability. One common tactic involves blaming the decedent’s own negligence for their death. For example, in a car accident case, the defense might argue that the deceased wasn’t wearing a seatbelt or was driving recklessly.
Another common strategy disputes the causation between the defendant’s actions and the death. The defense may claim that other factors, like pre-existing medical conditions, were the primary cause of death rather than the defendant’s conduct. Recognizing these defenses and preparing to counter them is crucial for building a robust case.
Get Compassionate Legal Assistance in Georgia – Contact a Wrongful Death Attorney at Deming Parker
We know that understanding Georgia’s wrongful death laws, alongside the formal procedures, deadlines, and paperwork required to file a wrongful death lawsuit can quickly become overwhelming. However, you don’t have to navigate this process alone.
At Deming Parker, we have over 50 years of experience helping families recover the compensation they deserve after a death caused by negligence. We’ve secured substantial settlements during these decades, ensuring families don’t have to shoulder the financial costs of someone else’s negligence.
We offer the expertise, knowledge, and resources needed to navigate even the most complex of cases. Plus, there are no upfront costs to you, as we won’t charge you anything unless we win your case. To schedule a free consultation and learn how we can help, contact us today.
