404-636-4900 Losing a loved one unexpectedly brings indescribable pain, especially when their demise is the result of someone else’s negligence or deliberate actions. In Georgia, wrongful death claims provide a legal pathway for families seeking both justice and compensation, which can offer a sense of financial relief and hold those responsible accountable.
We know these claims are not just about seeking financial compensation; they are about honoring the life of the loved one who passed away, ensuring that the grief felt by those left behind is recognized and addressed with the utmost dignity and justice. However, the question of who is entitled to claim this compensation is often common for survivor family members.
Who Can File a Wrongful Death Claim in Georgia?
In Georgia, the right to file a wrongful death claim is clearly defined by state statutes, ensuring that those closest to the deceased are prioritized in the pursuit of justice and compensation for their loss. The Georgia Wrongful Death Act, (OCGA § 51-4-1), specifies the hierarchy of claimants and it’s the first step you need to understand in the process of filing a wrongful death claim. According to the law, the hierarchy of relatives who have standing to sue for the wrongful death is as follows:
Surviving Spouse
The surviving spouse of the deceased has the primary right to file a wrongful death claim. This right is fundamental, as the spouse often bears the brunt of the emotional and economic impacts of the death. If the deceased is survived by a spouse and children, the spouse must represent the interests of the children in the lawsuit.
The spouse is entitled to at least one-third of the recovery from the lawsuit, regardless of the number of children involved.
Children
In cases where there is no surviving spouse, the children of the deceased have the right to file the claim. This right is granted to both minor and adult children, who share the compensation equally.
Parents
If the deceased has neither a surviving spouse nor children, the parents can file a wrongful death claim. This provision is particularly poignant when the deceased is a young individual who might not have started their own family yet.
Executor of the Estate
When there are no immediate family members, the executor or administrator of the deceased’s estate is entitled to file the claim. This situation typically arises when the deceased was unmarried, without children, and estranged from their parents, or if all immediate family members have predeceased them.
The executor steps in to manage the lawsuit, with any settlements flowing into the estate to be handled according to the will or state succession laws.
Burden of Proof for Wrongful Death in Georgia
In wrongful death cases, the burden of proof lies with the plaintiff, who must establish their case under the standard known as “preponderance of the evidence.” This legal standard requires showing that it is more likely than not that the defendant’s negligence or intentional act caused the death of the deceased.
Examples of Evidence
To meet this burden, a variety of evidence is typically presented, including:
- Medical records: These can demonstrate the cause of death and link it directly to the incident caused by the defendant’s actions.
- Witness testimonies: Testimonies from those who were present at the time of the incident or who can speak to the events leading up to the death can provide crucial context and support the claim.
- Expert opinions: Experts in fields such as forensic pathology, accident reconstruction, or occupational safety may provide insights that affirm how the incident occurred and the negligence involved.
Statute of Limitations on Wrongful Death Lawsuits in Georgia
The statute of limitations for filing a wrongful death lawsuit in Georgia is generally two years from the date of the deceased’s death, as per OCGA § 9-3-33. This legal timeframe is crucial because it dictates how long the deceased’s family or representatives have to initiate legal proceedings.
Exceptions to the Rule
There are notable exceptions to this rule:
- Criminal cases: If there is a criminal case related to the death (such as a homicide case), the statute of limitations for the wrongful death claim may be tolled, or paused, until the criminal case is resolved.
- Estate complications: If the deceased’s estate is not immediately settled, or if there are complications in appointing an estate representative, the time limit may also be extended to accommodate these issues.
Legal Considerations and Challenges
Our experience shows that in the process of pursuing a wrongful death claim in Georgia, claimants must grapple with distinct legal challenges that can have a profound influence on their case
One such challenge is the statutory caps on damages, where Georgia law may limit certain types of recoverable damages, thus affecting the total compensation from the lawsuit. Another complication arises from disputes over the deceased’s will or estate, especially if the will is unclear or contested, which can potentially delay proceedings. Additionally, in cases involving multiple defendants, there may be attempts to shift blame or claim contributions from other parties, adding complexity to the legal process.
Handling these challenges often requires the expertise of a skilled wrongful death attorney who can strategize effectively and navigate the complexities of the legal system to protect your rights and maximize your claim’s potential.
Contact Our Wrongful Death Attorneys in Georgia – We Can Help You File a Claim
At Deming Parker, our attorneys specialize in wrongful death cases and are committed to helping you seek justice for your loss.
If you need legal assistance or have any questions about filing a wrongful death claim, do not hesitate to contact us. Our dedicated team is here to support you every step of the way, from initial consultations to the resolution of your case.
