Georgia Wrongful Death Master Resource Guide for 2023
A Note From Attorney Matt Wetherington:
Losing a loved one unexpectedly can be a difficult and overwhelming experience, especially if the death was caused by another party’s negligence or wrongful actions. If you are reading this article after losing a loved one, please first know that we are sorry for your loss and understand the anger, sadness, and other emotions that you may feel about even having to visit a page like this.
In the aftermath of a wrongful death, it is important for families to take the time to grieve and process their emotions. However, it is also important to take action to protect the family’s legal rights and gather evidence that may be critical to the success of a wrongful death claim.
This page contains a wide variety of resources and guides for surviving family members. While it is always best to work with a qualified wrongful death attorney, we also understand that the loss of a family member can be overwhelming. The prupose of this page is to provide an overview of the applicable laws in Georgia and explain the resources that we have created for you.
The Georgia Wrongful Death Firm understands the complexities of wrongful death claims and is dedicated to helping families navigate the legal process and pursue the compensation they deserve.
We understand the emotional and financial toll that a wrongful death can have on a family, and we are committed to fighting for the rights of those who have lost a loved one. Our attorneys have a deep understanding of the laws surrounding wrongful death cases and the strategies that are most effective in achieving successful outcomes for our clients.
At The Georgia Wrongful Death Firm, we work closely with our clients to fully understand the circumstances surrounding the death, gather evidence, and build a strong case. We also understand that dealing with the legal system can be overwhelming and confusing, which is why we strive to provide our clients with clear and compassionate guidance every step of the way.
Free Consultation
Types of Wrongful Death Cases Handled by The Georgia Wrongful Death Firm
- Car Accidents: We represent families who have lost a loved one in a car accident caused by another driver’s negligence or recklessness. We help them pursue compensation for their losses, including medical expenses, funeral costs, and lost income.
- Medical Malpractice: We help families who have lost a loved one due to medical malpractice, such as misdiagnosis, surgical errors, and prescription errors. We hold healthcare providers accountable for their actions and help families get the compensation they deserve.
- Workplace Accidents: We represent families of workers who have been killed on the job or suffered fatal injuries as a result of their employer’s negligence. We help them pursue workers’ compensation and wrongful death claims to get the compensation they deserve.
- Product Liability: We help families who have lost a loved one due to a defective product. We hold manufacturers, distributors, and retailers accountable for their actions and help families get the compensation they deserve.
- Premises Liability: We represent families who have lost a loved one due to a property owner’s negligence, such as slip and fall accidents, inadequate security, and more. We help them pursue compensation for their losses, including medical expenses, funeral costs, and lost income.
- Nursing Home Abuse and Neglect: We help families who have lost a loved one due to abuse or neglect in a nursing home. We hold the facility and staff accountable for their actions and help families get the compensation they deserve.
- Construction Accidents: We represent families who have lost a loved one in a construction accident caused by another party’s negligence or recklessness. We help them pursue compensation for their losses, including medical expenses, funeral costs, and lost income.
- Trucking Accidents: We represent families who have lost a loved one in a trucking accident caused by another party’s negligence or recklessness. We help them pursue compensation for their losses, including medical expenses, funeral costs, and lost income.
Georgia’s Wrongful Death Statutes
The Georgia Wrongful Death Act (O.C.G.A. § 51-4-1) allows the family of a person who has died due to the wrongful act of another person or company to bring a wrongful death claim. Under this law, the family can claim for the full value of the life of the deceased person. This value includes both intangible and tangible aspects such as the relationships, family, and reasons for living of the deceased person, as well as the money that the person would have earned and the value of any household jobs that the person handled.
The wrongful death claim must generally be filed within two years of the death, as per the statute of limitations outlined in O.C.G.A. § 9-3-33. The right to bring the wrongful death claim is given to the surviving spouse of the deceased person under O.C.G.A. § 51-4-2, if there is one. If there is no surviving spouse, then the surviving children can bring the claim pursuant to O.C.G.A. § 51-4-3. If the person died without any spouse or children, then the parents or guardians can bring the wrongful death claim as per O.C.G.A. § 51-4-4.
Additionally, the family of the deceased also brings claims on behalf of the deceased’s estate, such as claims for the pain and suffering experienced by the deceased as outlined in O.C.G.A. § 51-4-5.
What is the Deadline to File a Wrongful Death Lawsuit in Georgia?
In Georgia, the statute of limitations to file a wrongful death claim is typically two years from the date of the deceased’s death, as outlined in O.C.G.A § 9-3-33. However, it’s important to note that this time frame can vary depending on the specific circumstances of the case.
If a branch of government is at fault for the death, such as in a case where a government van was involved, the deadline for filing a claim could be shorter. The exact deadline would depend on which branch of government is at fault, with some deadlines as short as six months or a year after the incident. This deadline is referred to as an ante litem deadline.
Additionally, if someone is killed as a result of a violation of Georgia law, whether a violent crime or a traffic violation, the statute of limitations may be paused pending the outcome of a criminal prosecution against the person responsible. This is referred to as “tolling” the statute of limitations. The two-year period for filing a wrongful death claim would start running after the criminal prosecution has come to a final disposition or for six years whichever is shorter.
We understand that navigating the legal process can be overwhelming, especially during such a difficult time. As your attorneys, we will work with you to understand the specific circumstances of your case and ensure that your claim is filed within the appropriate timeframe. Our team is here to guide you through the process and help you understand your legal rights and options.
Who Can File a Wrongful Death Claim?
The Georgia Wrongful Death Firm is committed to helping families navigate the legal process of filing a wrongful death claim. Under Georgia law, only certain family members are eligible to file a wrongful death claim. These include:
Spouses
Children
Parents
Siblings
If the deceased person was not married and did not have children, the claim can be filed by the deceased person’s parents or siblings. It is important to note that wrongful death claims must be filed within two years of the date of death. If the deceased left a surviving spouse, then the surviving spouse holds the authority to bring the claim. If the deceased also left surviving children, then the surviving spouse must act as a representative of the children and share with the children any damages award that is received. If the deceased had children, but one of those children died before the decedent, the law used to be that the deceased child’s heirs (usually meaning, the deceased’s grandchildren) did not share in the wrongful death recovery. However, the law has changed now, and the descendants of children shall take per stirpes.
In Georgia, a person does not have to be the Administrator, Executor, or Personal Representative of the deceased’s Estate to bring the wrongful death claim. That is because in Georgia, the two types of claims (wrongful death claims, and estate claims) that can be brought after a person’s death are separate. Surviving family members (spouse, children, parents) almost always bring the wrongful death claim, while the Administrator of the Estate brings the claims on behalf of the estate.
It is important to note that in these situations, the beneficiaries of a wrongful death claim must come to a consensus and make decisions together. If they are unable to do so, a court may appoint a legal guardian or representative to make decisions on behalf of the beneficiaries. It is also important to consult with an experienced wrongful death attorney to ensure that the rights of all beneficiaries are protected and that the necessary steps are taken to pursue a successful claim.
The Two “Types” of Claims Available to Family Members
One of the concerns that families may have is understanding the difference between a wrongful death claim and an estate claim.
A wrongful death claim, which is created by statute, allows for recovery of the “full value of the life” of the deceased from the perspective of the person who died. This claim is intended to compensate for the loss of the deceased’s life and includes both intangible and tangible value. Intangible value refers to the emotional and non-economic aspects of the deceased’s life, such as the love and companionship they provided, while tangible value refers to the economic value of the deceased’s life, such as the income they would have earned.
On the other hand, an estate claim allows the family of the deceased to recover for expenses such as pain and suffering, medical bills, funeral expenses, and in some cases, punitive damages. In Georgia, any claim for punitive damages must also be brought by the estate. If the deceased had a will, the administrator named in the will must bring the estate claim, and if the deceased did not have a will, Georgia’s laws of intestacy will determine who has the right to bring the claim.
As your attorneys, we understand that navigating the legal process can be overwhelming, especially during such a difficult time. Our team is here to guide you through the process and help you understand the differences between a wrongful death claim and an estate claim, as well as your legal rights and options. We will work with you to ensure that you receive the compensation you and your family deserve for the loss of your loved one.
Elements of a Wrongful Death Claim in Georgia
Duty of Care
The first element that must be present in a wrongful death claim in Georgia is that the defendant had a duty of care to the deceased. This means that the defendant had a legal obligation to act in a reasonable and prudent manner to prevent harm to the deceased. For example, a doctor has a duty of care to their patient and a driver has a duty of care to other drivers on the road.
Breach of Duty of Care
The second element that must be present in a wrongful death claim in Georgia is that the defendant breached their duty of care. This means that the defendant failed to act in a reasonable and prudent manner and, as a result, caused the death of the deceased. For example, if a doctor fails to diagnose a patient’s condition and the patient dies as a result, the doctor may be found to have breached their duty of care.
Causation
The third element that must be present in a wrongful death claim in Georgia is causation. This means that the defendant’s breach of duty of care must have directly caused the death of the deceased. For example, if a driver runs a red light and causes a car accident that results in the death of another driver, the driver may be found to have caused the death of the other driver.
Damages
The fourth element that must be present in a wrongful death claim in Georgia is damages. This means that the surviving family members of the deceased must have suffered some type of harm as a result of the death. This can include monetary damages for things such as lost wages and medical expenses, as well as non-monetary damages for things such as emotional distress.
It is important to note that in order to bring a wrongful death claim in Georgia, the surviving family members must be able to prove all of these elements. This can be a complex process and it is important to have the guidance of an experienced wrongful death attorney.
If you have lost a loved one due to the negligence or misconduct of another individual or entity, it is important to speak with an attorney as soon as possible to understand your rights and options.
Forms of Damages Available in a Wrongful Death Claim
When a loved one passes away due to the negligent or reckless actions of another person or entity, the surviving family members may be able to file a wrongful death claim to seek compensation for their losses. The Georgia Wrongful Death Firm can help the family understand the types of damages that may be available to them in a wrongful death claim.
Some of the most common types of damages that may be recovered in a wrongful death claim include:
- Medical expenses: This includes any medical treatment the deceased person received before their death, as well as funeral expenses.
- Lost income: If the deceased person was the primary breadwinner for the family, their surviving family members may be able to recover the income they would have earned if they had not died.
- Loss of companionship: This type of damages is intended to compensate the surviving family members for the loss of the deceased person’s love and companionship.
- Punitive damages: In some cases, the court may award punitive damages as a way to punish the negligent or reckless party for their actions.
- Loss of financial support: If the deceased person was a primary source of income for the family, the surviving family members may be able to recover the financial support they would have received if the person had not died.
- Loss of companionship, guidance, and love: This type of damages is intended to compensate the surviving family members for the loss of the deceased person’s companionship, guidance, and love.
- Pain and suffering: This type of damages is intended to compensate the surviving family members for the pain and suffering they have experienced as a result of the death of their loved one.
It’s important to note that the specific damages that can be recovered in a wrongful death claim will depend on the facts of the case and the laws of the state where the claim is being filed. The Georgia Wrongful Death Firm can help the family understand the applicable laws and how they may affect their case.
The death of a loved one can be a traumatic and difficult experience. The Georgia Wrongful Death Firm understands the emotional toll that a wrongful death can take on a family and is dedicated to helping them seek the compensation they deserve.
What About Punitive Damages?
One of the types of damages that may be available in a wrongful death claim is punitive damages, also known as exemplary damages. These damages are intended to punish the defendant for their actions and deter them from committing such acts in the future. The Georgia Wrongful Death Firm can help the family understand the laws surrounding punitive damages and the likelihood of receiving such an award in their case.
Punitive damages are not as common as some may think, and there are limitations on the amount that can be awarded. Proving that the defendant acted with willful negligence can be challenging, and the evidence required to do so can be difficult to gather.
However, it’s also important to understand that the same behavior that justifies punitive damages (i.e. intentional action) may also cause an insurance carrier to revoke coverage under an exclusion in the policy.
When the defendant’s actions are determined to be intentional, it may mean that the insurance policy will not cover the damages awarded in the wrongful death claim. This means that the defendant may not have the financial resources to pay the award, leaving the surviving family members without the compensation they are entitled to.
In these cases, it may be more beneficial for the surviving family members to focus on seeking compensatory damages, which are intended to compensate the family for their losses, rather than punishing the defendant.
What is the Process to File a Wrongful Death Claim in Georgia?
Filing a wrongful death claim can be a difficult and emotional process. The Georgia Wrongful Death Firm understands the challenges that families may face when seeking compensation for the loss of a loved one and is dedicated to helping them navigate the legal system.
Here is an overview of the steps involved in filing a wrongful death claim:
- Consult with a wrongful death attorney: The first step in filing a wrongful death claim is to speak with an experienced wrongful death attorney, such as The Georgia Wrongful Death Firm, to understand your legal rights and options.
- Gather evidence: In order to build a strong case, it’s important to gather evidence that proves the other party was negligent or reckless. This can include police reports, medical records, witness statements, and more.
- Send a demand letter: Your attorney will send a demand letter to the other party, outlining your claim and the compensation you are seeking. This is an opportunity for the other party to settle the claim out of court.
- Negotiations: If the other party is willing to negotiate, your attorney will work to reach a fair settlement.
- Court proceedings: If a settlement is not reached, your attorney will represent you in court and fight for the compensation you and your family deserve.
It’s important to note that the process of filing a wrongful death claim can be complex and time-consuming, and the specific steps will depend on the facts of the case and the laws of the state where the claim is being filed. The Georgia Wrongful Death Firm can help the family understand the applicable laws and guide them through the process every step of the way.
On Average, How Long Does a Wrongful Death Lawsuit Take?
We understand that one of the primary concerns for families who have lost a loved one is the duration of the legal process. The length of a wrongful death lawsuit in Georgia can vary depending on a number of factors.
One of the primary factors that can affect the duration of a wrongful death lawsuit is the complexity of the family and the Probate Court process. For example, if the surviving family members are not in agreement on how to proceed with the case, or if the decedent did not have a will, it can take longer to establish the wrongful death claimants and set up the decedent’s estate. However, with a clear plan in place and efficient probate court process, the estate can be set up in a matter of weeks or months.
Another factor that can affect the duration of a wrongful death lawsuit is the defendant being sued. Some defendants, particularly large corporations, may choose to aggressively defend themselves in court, leading to a longer legal process. On the other hand, some defendants may be willing to settle the case quickly.
The available insurance limits can also play a role in the duration of a wrongful death lawsuit. If the available insurance coverage is not sufficient to compensate the family for the loss of their loved one, the case may need to be resolved more quickly.
Lastly, the wishes of the family can also impact the duration of the legal process. Some families may choose to take the case to trial in order to seek justice for their loved one, while others may prefer a faster resolution to the case in order to move on with their lives. Our firm respects the wishes of our clients and works to meet their needs and goals throughout the legal process.
Why Hire a Wrongful Death Attorney?
We understand the emotional and financial strain that the loss of a loved one can cause for your family. In such a difficult time, navigating the legal process can seem overwhelming, but we are here to help guide you through it.
As your attorneys, we will work to ensure that your rights and interests are protected throughout the process. We will assist in understanding the legal options available and in pursuing appropriate compensation for your loss. We will also play a critical role in gathering evidence, such as medical records, eyewitness statements, and other relevant documents, to support your claim.
For example, if a loved one is killed in a tractor-trailer crash, it is important for the family to act quickly to gather evidence from the scene of the crash. This may include obtaining the event data recorder (EDR) from the tractor-trailer, preserving skid marks and debris from the road, and interviewing any witnesses. These types of evidence can help establish the cause of the crash and the liability of the trucking company or driver.
In addition, we will handle all legal paperwork and communicate with insurance companies and other parties involved in the case on your behalf.
Our role as your wrongful death lawyers is to represent you and your family in proving the negligence or recklessness of another person or entity. We will build a strong case and negotiate with the other party, and if necessary, represent you in court.
Conclusion
We understand that the legal process can be confusing and overwhelming, especially during a time of grief. Our team of experienced wrongful death attorneys is here to guide you through the process, answer any questions you may have, and help you understand your legal rights and options.
We have a deep understanding of the laws and regulations surrounding wrongful death claims in Georgia, and we are dedicated to holding responsible parties accountable for their actions. We will work tirelessly to gather evidence, negotiate with insurance companies, and represent your family in court if necessary.
Our primary goal is to help you and your family get the justice and compensation you deserve. We understand that no amount of money can bring back your loved one, but we believe that holding those responsible accountable can bring closure and help you move forward.
If you have lost a loved one due to wrongful death, please do not hesitate to contact us. We are here to help and support you through this difficult time.