Call Us Now
Email Us Now
In Georgia, the tragedy of losing a loved one due to the negligence or wrongful actions of another is not only emotionally devastating but also brings legal implications. The state’s Wrongful Death Act provides a legal pathway for certain family members to seek compensation for their loss. Before any family decides to take the leap of attempting to file a wrongful death claim in Georgia, there are factors that must first be considered, including eligibility, recoverable damages, and the importance of timely legal action.
Who Can File a Wrongful Death Claim in Georgia
Under Georgia law, the right to file a wrongful death claim is specifically designated to certain close relatives of the deceased. The hierarchy of eligibility is as follows:
Surviving Spouse: The first right to file a claim goes to the surviving spouse of the deceased. In the absence of a spouse, the next of kin are considered.
Children: If the deceased was unmarried, the right to file a claim passes to their children, whether minors or adults.
Parents: In cases where the deceased was unmarried, childless, or their children are deceased, the parents have the right to file a claim.
Estate Representative: If none of the above relatives are alive, the representative of the deceased person’s estate may file a claim on behalf of the estate.
Types of Damages in Wrongful Death Claims
In wrongful death claims, the damages awarded can be broadly categorized into two types: economic and non-economic. Economic damages encompass the tangible, financial losses resulting from the death. This includes lost wages and benefits that the deceased would have contributed, any medical expenses incurred prior to their death, and the costs associated with funeral and burial. These are quantifiable losses that can be calculated based on the deceased’s earning potential, the medical bills accumulated, and the funeral expenses incurred.
Non-economic damages, on the other hand, relate to the intangible losses suffered due to the death. These damages are more subjective and include the pain and suffering the deceased may have endured before death, the emotional distress experienced by surviving family members, and the loss of companionship, care, or consortium. While more difficult to quantify, these damages recognize the profound personal and emotional impact of the loss of a loved one.
The Importance of Consulting an Attorney
The statute of limitations in Georgia typically sets a two-year period from the deceased person’s death for filing a wrongful death claim. However, complexities arise in cases involving criminal acts, which may alter this timeframe. This underscores the importance of consulting an experienced attorney who is well-versed in the nuances of wrongful death claims. An attorney’s expertise is invaluable in navigating the legal process, from understanding specific legal requirements and exceptions to gathering necessary evidence, negotiating settlements, and providing representation in court.
The loss of a loved one due to someone else’s negligence is profound and irreplaceable, and while no financial compensation can ever truly compensate for this loss, pursuing a wrongful death claim can offer some measure of financial stability and a sense of justice. In such challenging times, it is essential to understand yor legal rights and the processes involved in seeking this justice. An attorney can provide the guidance and support needed to navigate these complexities, ensuring that the bereaved family’s rights are protected and their voices heard.
If you have lost a loved one due to someone else’s negligence and are considering a wrongful death claim in Georgia, Benton & Benton, LLC has the experience to provide you with the support and compassion you need during this challenging time. Our team is committed to providing personalized attention and guidance to help you navigate this difficult journey. Contact us today by calling 866-927-4290 to discuss your case and ensure your rights are protected.
