A wrongful death occurs when someone dies due to the negligence of another person or entity. In Georgia, a claim can be brought for wrongful death by the surviving family members.
Losing a loved one and family member due to the negligence of others can be a devastating and life-altering experience. No one wants to go through this experience and you don’t have to go through it alone. Contacting a wrongful death attorney who specializes in catastrophic injury and wrongful death cases can help you determine if you and your family are entitled to financial compensation.
At Starrett & Harris Law we understand just how devastating the death of a family member can be. This situation can be especially challenging when the family member whom you have lost was providing financial support for the family. When your family depends on that income for support, the sudden loss of income can make an already difficult situation impossible to deal with.
There is no amount of money that could ever fill the void that is left by the loss of a family member. However, the wrongful death statute in Georgia is based on the universal truth that every life has value.
Georgia’s Wrongful Death Act ensures that the civil justice system provides a way for family members and loved ones to bring a claim and/or a lawsuit against the person or business who caused the death of their loved one. The Georgia Wrongful Death Act provides the means for the family or the estate to pursue a claim for the “full value of the life of the decedent.” O.C.G.A. § 51-4-1.
While it is certain that no amount of money can truly account for the value of your loved one, filing a claim or wrongful death lawsuit can help ease the financial burden of the family and provide some financial stability to help deal with the tragedy.
In addition to financial compensation, bringing a claim or wrongful death lawsuit can help you hold the at-fault party accountable for their actions. The loss of a loved one can cause immeasurable pain and suffering for their family. Holding the responsible party accountable can help provide closure and a sense of justice.
Every claim in Georgia has a set time limit in which it can be brought. This time limit is referred to as the statute of limitations. This is the time limit in which you have to file a wrongful death claim or lawsuit. In Georgia, the statute of limitations for wrongful death claims is typically two years from the date of the person’s death. However, there are many factors that might make it necessary to bring a wrongful death action much sooner and there are limited exceptions to the statutes of limitations. For instance, if a government entity is involved it may be necessary to serve them with an ante litem notice as soon as one year or even six months after the incident occurs.
Additionally, there are situations where a statute of limitations may be “tolled” and you may have additional time to bring a claim. This can occur when there are underlying criminal charges involved and in some cases, the court will toll the proceedings until the criminal case is completed.
It is important if you have lost a family member that you contact a wrongful death lawyer who can assist you with bringing a claim so that you can ensure that the statute of limitations does not expire.
We know that when you are grieving the loss of a family member, it is difficult to think about a lawsuit for wrongful death or bringing an estate claim. That is why it can be helpful to have an experienced lawyer in your corner who specializes in catastrophic injury and wrongful death cases. Starrett & Harris Law is here to help you with the legal process so that you can focus on grieving and healing.
If you have a family member who died due to someone else’s negligence, contact us to see if your family is entitled to financial compensation. Our firm will sit down with you and help you understand what options you might have to pursue a claim or lawsuit for damages.
The Georgia Wrongful Death Act provides that a wrongful death lawsuit can be filed by the surviving spouse, child, or parent. If you have lost a family member and want to know if you can bring a claim, contact an experienced attorney who can help you evaluate who in your family has the rights to bring a claim.
Georgia law provides two separate causes of actions in most cases where a death is involved. You have the wrongful death claim, but also the estate claim.
In Georgia, the compensation for a Wrongful death claim is the “full value of the life of the decedent.” This full value is determined from the decedent’s point of view. In other words, what was their life worth to them?
An estate claim is brought to seek compensation for the financial costs associated with the death. The estate of the deceased is entitled to recover certain aspects of damages such as pre-death pain and suffering, medical expenses, and funeral costs.
Damages in a wrongful death and estate actions can include:
Pre-death pain and suffering
Medical bills and expenses
Loss of enjoyment of life
Loss of income including future income
Loss of consortium
Some of these damages are recoverable by the surviving family and some are recoverable by the estate. Oftentimes these claims are brought together.
Many different types of incidents can result in a claim for wrongful death. Some common examples of Georgia Wrongful Death Claims can include:
Motor vehicle collisions
Tractor-trailer, 18-wheeler, and commercial accidents
Nursing home abuse and neglect cases
Slip and falls.
Every case is different and requires its own unique approach in order to bring a successful claim. Consultations with our law firm are always free. Let an attorney who knows the law regarding Georgia wrongful death claims review the specific circumstances in your case and let you know what options you and your family might have to pursue a claim and recover the financial compensation that you might be entitled to.