Losing a loved one due to another person’s negligence or actions can be devastating for a family. The laws and regulations governing wrongful death claims in Georgia allow surviving family members to seek financial support through wrongful death lawsuits.
In such circumstances, speaking to an experienced Atlanta personal injury attorney will help you understand the wrongful death laws and claims.
Here are some things that you should understand before filing a wrongful death claim.
Who May File a Wrongful Death Lawsuit in Georgia?
Georgia law has a hierarchy of family members who may file a wrongful death claim. If the victim has a spouse and children, the wrongful death lawsuit can be filed by the spouse, but the spouse has to share the damages with the children. If there are no children or spouse, the parents of the victim may file a lawsuit.
In the tragic event of a child’s wrongful death, the parents and/or guardian will file the lawsuit. Each parent may receive a portion of the compensation.
Damages Awarded in Wrongful Death Claim in Georgia
Several different categories of damages may be awarded to the family of the deceased in wrongful death claims. These damages mainly include:
The monetary amount provided in damages is subjective, the jury panel decides damages that seem fair based on various factors
Economic Value: If the victim is a working adult, the damages take into account his earning capacity. This includes the victim’s salary, pension, benefits, and other factors. Evidence, testimonies, and witnesses are analyzed to reach the best possible total.
Non-economic value: The non-economic damages are subjective, and the jury decides the amount that they believe is fair to the family of the deceased.
Medical, Funeral and Related Damages
These damages directly pertain to the medical and funeral bills of the deceased. The term related can be very broad and you need to keep a list of expenses and share it with the attorney to assess what can be recovered.
Punitive damages
Punitive damages are common in cases where the defendant harmed the deceased intentionally. This is the rear form of damages assigned to punish the defendant.
Statute of Limitations for Wrongful Death Claim in Georgia
The statute of limitations can vary significantly for a wrongful death claim depending on how the victim died.
Accidental death: For accidental death, the statute of limitations is typically 2 years.
Crime: If your loved one succumbed to the injuries of a fight, robbery, or any other circumstance where the defendant is facing criminal charges, you have 2 years to file for wrongful death damages.
Government: If a person dies involving the government, this can include a car crash with an ambulance, bus, or any other government vehicle different rules apply. In such circumstances, you have 6 months to file a wrongful death claim.
Conclusion
If you experienced the tragic loss of a family member, then our sympathy is with you. In such circumstances, many questions arise which make this time even more difficult. Hiring a top law firm in Atlanta can get you the answers you need and help in the claim process.
