What is a Wrongful Death Lawsuit?

We have seen firsthand how wrongful death cases represent the most painful of all types of personal injury cases, intensified further when their death results from another’s negligence or intentional harm. In such instances, the legal system in Georgia provides a pathway for survivors to seek justice and compensation through what is known as a wrongful death lawsuit.

What You Must Know About Filing Wrongful Death Lawsuits in Georgia’s Civil Courts

In Georgia, the legal system provides a mechanism for the bereaved to seek justice and compensation through wrongful death lawsuits. This process, while complex, stands as an essential resource for families seeking to hold responsible parties accountable and to mitigate the financial impact of their loss.

Overall, these are the most important factors to consider in the process of filing a wrongful death lawsuit:

Eligibility to File the Lawsuit

In Georgia, not everyone can file a wrongful death claim. The law specifically allows the deceased’s spouse, children, or, in the absence of a spouse and children, the parents of the deceased to initiate the lawsuit. If none of these relatives are available, the executor or administrator of the deceased’s estate may file the claim on behalf of the next of kin.

Moreover, Georgia law requires that wrongful death claims be filed within two years of the date of death. Failing to meet this deadline can result in the loss of the right to sue.

Determining the Venue for Filing

Choosing the right venue is a critical step in the process. You must file the lawsuit in the county where the defendant lives or, in cases involving a corporate defendant, where the company has its principal office. This decision can significantly impact the proceedings, as local laws and jury pools vary from one county to another.

Connection to Personal Injury Claims

Wrongful death claims are essentially personal injury claims that the deceased could have pursued had they survived. This means proving negligence or intentional harm by the defendant in the same way as in personal injury cases. Familiarity with personal injury law, particularly the aspects related to proving fault and damages, is crucial.

Calculating Damages

Calculating damages in a wrongful death lawsuit involves both economic and non-economic factors.

Economic damages include the deceased’s lost wages and benefits, while non-economic damages cover the intangible value of the life lost and the survivors’ pain and suffering. Georgia law allows for the recovery of the “full value of the life” of the deceased, which includes these aspects.

What Is Considered Wrongful Death in Georgia?

In Georgia, wrongful death is defined under the Georgia Code (O.C.G.A. § 51-4-1) as a death caused by the negligent, reckless, intentional, or criminal acts of another person or entity. This broad definition includes a variety of scenarios that deserve in-depth analysis, from car accidents caused by a drunk driver to fatalities resulting from medical malpractice or defective products.

Under the law, the deceased’s spouse, children, or, in some cases, the parents or the executor of the estate may be entitled to fill a wrongful death claim, but this will depend on the circumstances of the case.

Not all Accidents are Considered Wrongful Death

To be considered a wrongful death, the accident must meet certain criteria. The death must have been caused by someone else’s negligence, recklessness, intentional actions, or criminal acts. If the accident was purely accidental and didn’t involve any form of negligence or intentional harm, it might not qualify as wrongful death under the law.

For example, if a well-practiced surgery ended in an unfortunate death, or if an unlucky slip and fall caused a fatal accident even though the place met security standards, you may not have a wrongful death case.

Common Types of Wrongful Death Cases

Over decades of experience helping families affected by negligence, we have sadly seen how the same types of accidents contribute to the most devastating type of cases: wrongful death. In Georgia, these fatalities mostly arise from:

Vehicle Accidents

The road can be a dangerous place, and wrongful deaths often occur as a result of car collision, pedestrian accidents, motorcycle accidents, and even bicycle accidents. These incidents frequently stem from reckless driving, DUI, and failure to adhere to traffic laws.

Premises Liability Accidents

Wrongful deaths can arise from slip and fall accidents and incidents involving defective or poorly maintained structures or landscapes. Whether it’s a retail store, a private home, or a public space, owners can be held liable for dangerous conditions that lead to fatal accidents.

Medical Malpractice

Healthcare professionals are trusted to provide care that meets established standards. Unfortunately, errors in diagnosis, treatment, surgery, and medication management can result in wrongful death.

Animal Attacks

Dog bites and attacks by other domesticated animals can lead to fatal injuries, particularly in vulnerable individuals like children and the elderly. Owners may be held liable for failing to control or secure their animals, leading to tragic consequences.

Workplace Accidents

Workplace injuries and accidents, especially in high-risk industries such as construction, manufacturing, and transportation, can give rise to wrongful death claims.

Toxic Exposure

Individuals who die due to exposure to hazardous substances, whether at work or due to environmental contamination, can be the basis for wrongful death actions. These cases require demonstrating that exposure to chemicals or pollutants directly caused the deceased’s fatal condition.

Who can sue for wrongful death in Georgia?

Under Georgia law, only surviving family members have the legal right to bring forth a wrongful death claim, as recovery in such cases is limited exclusively to them.

What is the wrongful death cap in Georgia?

In Georgia, there is no cap on Non-Economic or Economic Damages in wrongful death cases. However, in cases where Punitive Damages are sought, there is a cap of $250,000 on such damages.

What is the burden of proof in a wrongful death lawsuit?

In a wrongful death lawsuit, the burden of proof is lower compared to criminal cases. The plaintiff in a civil lawsuit must present evidence demonstrating, by a preponderance of the evidence, that the defendant breached their duty of care and caused the damages being sought. This means that the plaintiff must show that it is more likely than not that the defendant’s actions or negligence led to the death in question.

How are wrongful death settlement paid out in Georgia?

In Georgia, the distribution of wrongful death settlements depends on the surviving relatives involved:

If there is a surviving spouse and children, the spouse receives 33% of the settlement, while the remaining amount is divided among the children.
If there are children but no spouse, the settlement is evenly split among the children.
In cases where there are surviving parents but no spouse or children, the parents equally share the compensation, with each receiving 50% of the settlement.

Securing Legal Representation for Your Case

At the heart of every wrongful death case is a story of loss, and it’s our mission to ensure that story is heard and honored within the legal system. Our firm brings extensive experience in navigating wrongful death lawsuits, with a proven track record of securing compensation for families affected by such profound tragedies.

If you believe you have a wrongful death claim, we invite you to contact us for a consultation. Together, we can explore your legal options and work towards securing the compensation and justice your loved one deserves. With our extensive experience and dedicated approach, you can trust that your case is in capable hands here at Deming Parker.