Who can file a wrongful death lawsuit in Georgia? In Georgia, lawsuits for wrongful death can generally be filed by direct family members, by representatives authorized by the deceased or their estate, and, in some cases, even distant blood relatives like grandparents, aunts, and uncles.
If you are considering a wrongful death lawsuit, contact our experienced Duluth wrongful death lawyer to learn about your legal rights to file.
Wrongful Death Definition
The term wrongful death under Georgia law refers to a death that occurs as a result of another party’s wrongful act or omission. This encompasses a broad range of personal injury circumstances, including both negligent and intentional actions. Essentially, if someone’s actions, whether careless or deliberate, directly cause injuries or an illness that ultimately leads to another person’s death, they may be held liable under Georgia’s wrongful death statute.
This devastating loss can leave families struggling with emotional pain, financial hardship, and unanswered questions. Negligence can occur in many personal injury situations, such as a driver causing a car accident due to distracted driving, a property owner failing in their maintenance, or a medical professional’s error resulting in death. Intentional acts, including assault or battery that result in death, also fall under the umbrella of wrongful death.
The key factor is that the death must directly result from the other party’s actions or inaction. Understanding the laws surrounding wrongful death is the first step in the process of seeking justice and compensation for your loss. Connect with a wrongful death lawyer to learn more.
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Determine Who Can File a Wrongful Death Lawsuit in Georgia
Georgia law provides a means for those impacted by a wrongful death to seek justice through legal action. While the concept seems straightforward, determining who has the right to file a wrongful death lawsuit can be complex. Generally, under Georgia Code Section § 51-4-1, wrongful death claims can be filed by:
- Direct Family Members: The deceased’s spouse, children (both biological and adopted), parents, and siblings. This core group is considered to have the most direct and immediate stake in the loss.
- Dependents: Individuals who were financially dependent on the deceased at the time of their death can also file a claim. This recognizes the financial hardship that can accompany the loss of a provider, regardless of blood relation. Stepchildren are also included in this category.
- Representatives of the Estate: The executor or administrator of the estate can file a wrongful death claim. This is often necessary when there are no surviving direct family members or dependents or when legal proceedings require representation of the deceased’s interests.
- Distant Relatives: Specific circumstances make allowances for more distant relatives under Georgia Law, such as grandparents, aunts, uncles, and other blood relatives. This typically occurs when no surviving individuals are in the closer relationship categories mentioned above.
The specific requirements and limitations of Georgia’s wrongful death statute can be intricate. Speak with a knowledgeable personal injury attorney to accurately determine who may file a wrongful death lawsuit in Georgia. They can help you to assess your and your family’s best next step forward as you grieve and pursue justice.
Time Limit for Filing a Wrongful Death Case in Georgia
In Georgia, there is a strict time limit for filing a wrongful death lawsuit. You have just two years from the date of your loved one’s death to initiate legal action. Failing to file within this two-year statute of limitations generally bars any future attempt to seek justice through the courts.
While there may be rare exceptions, such as cases involving minor children or claims against government entities, these are limited. Because missing this deadline can severely compromise your ability to file a lawsuit, consult with an attorney as soon as possible after a death occurs. Early legal counsel will help you with the specific deadlines that apply to your situation and ensure you do not lose your right to seek compensation.
Financial Support Recoverable in a Georgia Wrongful Death Case
A wrongful death lawsuit in Georgia can provide both a sense of justice and financial support to those grieving the loss of a loved one. These damages are awarded with the aim of addressing the various ways the death has impacted the survivors, both financially and emotionally. While this financial support will never truly compensate for the loss of your loved one, we strive to get the maximum award possible to help your family during this difficult time.
These damages typically fall into two categories under Georgia Code Section § 51-4-5: economic and non-economic. Economic damages attempt to compensate for the financial losses directly resulting from the death, which can include medical expenses, funeral and burial costs, loss of income, loss of benefits, loss of services, and loss of inheritance. Non-economic damages address the intangible losses associated with the death, which are often more difficult to quantify, including pain and suffering.
In determining the amount of damages to award, the court may also consider additional factors, such as the deceased’s conscious pain and suffering before death, any additional expenses caused by the death (e.g., childcare or home maintenance), and, in some cases, punitive damages. Unlike other compensation, these damages are intended to punish the defendant for particularly egregious conduct but are not awarded in every case.
Check out our FAQs or consult with an attorney to understand the full range of damages that may apply to your situation.
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Contact Slam Dunk Attorney to Learn if You Can File a Wrongful Death Lawsuit in Georgia
Losing a loved one is incredibly difficult. At Slam Dunk Attorney, we understand the pain you are experiencing. While no amount of money can replace your loss, financial compensation can help hold the responsible party accountable and ease the financial burden of medical bills and other costs associated with the death.
Contact Slam Dunk Attorney today for a free, no-obligation case review with one of our experienced personal injury lawyers. Schedule this consultation and meet our team of dedicated and personable legal representatives. We aim to understand better how we can support you during this challenging time.
Call or text 404-951-3513 or complete a Free Case Evaluation form
