Georgia Wrongful Death Attorney
Dealing with the death of a loved one may be one of life’s most difficult experiences. When a family member dies as a result of someone else’s negligence or misconduct, the mourning period becomes much more difficult.
When a loved one passes away suddenly, it may be emotionally and financially painful. In certain situations, you and your family may have the legal right to file a wrongful death case and get the closure and financial recompense to which you are entitled. Our Georgia wrongful death attorneys at Marc Brown Law Firm can help you.
What Is Wrongful Death?
A wrongful death occurs when a person is killed or dies as a result of another party’s negligence or wrongdoing. Wrongful death is explained in Georgia Code Title 51, Chapter 4 as a death caused by the criminal, reckless, negligent, or deliberate conduct of one person or entity. Certain persons can file a wrongful death claim if the events leading up to the death were suspicious – that is, if there are grounds to assume the death was caused by the fault of a specific party. Wrongful death claims are similar to personal injury claims, however, the victim died as a result of the injuries.
Who Can File A Wrongful Death Case In Georgia?
To file a wrongful death claim in Georgia, you must be the deceased person’s spouse, adult child, parent, or personal representative of the estate. If the deceased was just your best friend, you will not be able to submit a claim. Any damages collected in a wrongful death case must be transferred to the deceased person’s next of kin via personal representatives. If the deceased named beneficiaries in his or her estate, the representative must execute those directions in good faith and distribute the estate’s assets to those individuals. Should any of the beneficiaries be ineligible for disbursements, most estates will spell out how the inheritance would be distributed.
Georgia Statute Of Limitations For Wrongful Death Claims
In most circumstances, the statute of limitations for wrongful death claims in Georgia is two years from the date of death, according to Ga. Code Ann. 9-3-20 et seq. There are certain exceptions, therefore if you have any questions, contact our attorneys.
Recoverable Damages In Georgia Wrongful Death Cases
Claimants in Georgia can collect damages in the amount of the entire worth of the decedent’s life without subtracting for any required or personal costs of the decedent had he or she lived, according to Georgia law. The available damages are intended to compensate the family and the decedent for both tangible and intangible losses. Medical expenses, lost income, loss of care and companionship, burial/funeral costs, and the decedent’s pain and suffering up to the date of death are all included.
Georgia law generally allocates one-third of the estate for the surviving spouse, with the balance divided among the children. If there is no will and no surviving children, spouse, or parents, the executor of the decedent’s estate may instead file a wrongful death claim. If a settlement is to be split between a surviving spouse and minor children under the age of 18, the minor children’s part of the settlement will be held in the care of the parent or guardian until they reach the age of 18.
In some circumstances, a defendant’s actions are so outrageously negligent or insensitive to the well-being of others that a jury may impose punitive damages to punish them even more. Georgia state law, on the other hand, does not acknowledge or even mention punitive damages under the Wrongful Death Act, thus Georgia appellate courts have often stated that they will apply the law as rigorously as feasible.
Contact Our Georgia Wrongful Death Attorney
It may be painful to lose a family member due to someone else’s negligence, especially if that individual was a source of support for your family. While no amount of money will compensate for the loss of a loved one, a wrongful death case can aid a family in financial distress.
Contact our Georgia wrongful death lawyer at Marc Brown Law Firm if a family member died as a result of someone else’s negligence.