Losing a loved one because of someone else’s negligence can be devastating, but the state of Georgia doesn’t let the guilty party go scot-free. According to state law, a wrongful death is a death caused by another party’s negligence, whether it is a person, a business or an entity. By negligence we mean a failure to use a reasonable amount of care despite there being a duty to do so and which caused harm to another.
A wrongful death claim can also be treated as a typical personal injury claim since negligence has to be proven in that case as well. The difference is that in the former, the injured party is not available to make a claim in court. That responsibility falls on their family members or personal representative of the deceased individual’s estate.
If the deceased is survived by a wife/husband, the spouse has the right to make a claim on their behalf and the surviving children can also file the lawsuit if they don’t have any other parent. In case the deceased has no children or a spouse, then their parents or guardians (if the deceased was a child) can make a claim.
Wrongful death claims in Georgia are determined by measuring the ‘full value of life’ of the deceased. It is divided into two sections. The first includes the family, relations and the reason for living of the deceased and the second is the money he/she may have earned if they were still alive as well as the household jobs they may have handled.
Besides these tangible claims, the family of the deceased also can file a wrongful death claim for the estate of the deceased. This means they can also demand compensation for the pain and suffering they experienced because of their tragic loss.
Like all claims, the surviving dependents of the deceased have limited time to bring this case to court. This is called the statute of limitations, which is two (2) years from the time of the person’s death in the Georgia. In other words, if the claim is not filed during this time, the claimants cannot legally make a claim.
However, if the wrongful death was the direct result of a criminal case the court is dealing with, that time limit can be extended until the case has been taken care of. An experienced attorney can help you understand your rights when you are making your claim.
If you have lost a loved one because of the negligible actions of another in Atlanta, Georgia, get in touch with Shani O.Brooks P.C. Attorneys at Law and book a consultation. Allow our skilled team to help you and your family get the closure and compensation you need during this tragedy. All our case evaluations are 100 percent confidential and completely free of cost.