Losing a loved one is an unthinkable tragedy, and when that loss comes as a result of someone else’s negligence, the grief can be compounded by confusion, anger, and frustration. Families in Georgia facing such a situation need to understand their legal options. This guide will help navigate wrongful death claims and provide insight into how families can seek justice and compensation.
Wrongful Death Claims in Georgia
Wrongful death refers to a situation where a person dies due to the intentional or negligent act of another. In Georgia, these claims aim to provide financial relief to the deceased’s family for the loss of love, companionship, support, and future income.
The state of Georgia has specific rules and regulations surrounding wrongful death claims. It is vital to comprehend these laws and how they apply to your situation. Some of the complexities include determining who has the right to file the claim and the kind of damages that may be awarded.
Who Can File a Wrongful Death Claim?
In Georgia, there are two separate claims for a wrongful death case. One claim is owned by the estate of the decedent. The claim for full value of the life of the decedent is owned by the family. The decedent’s current, legal spouse has the absolute right to bring the claim on behalf of the family. If there is no surviving spouse, the children can file. If neither spouse nor children exist, the parents or the personal representative of the deceased’s estate may file the claim.
Types of Damages in Wrongful Death Claims
The damages available in the estate claim and the full value of the life of the decedent claim are distinctly different.
Some of the potential damages available for the estate claim are medical bills, funeral and burial expenses, payment for lost wages, property damage, the pain and suffering of the decedent before death and punitive damages if an aggravating circumstance exists.
Factors to be considered for the full value of the life of the decedent claim are loss of future financial support, loss of consortium and mental and emotional anguish.
Time Limit for Filing a Wrongful Death Claim
Georgia law stipulates a strict timeline for filing a wrongful death claim, known as the statute of limitations. Generally, the family has two years from the date of death to file the claim. Exceptions exist, but they are rare, so it is essential to act promptly.
Challenges in Wrongful Death Claims
Filing a wrongful death claim can be complex and emotionally taxing. Here are some challenges that families often face:
– Proving negligence or intentional wrongdoing
– Proving damages
– Negotiating with insurance companies or at-fault parties
– Complying with legal deadlines and procedures
Seeking Legal Help from a Wrongful Death Attorney
Navigating a wrongful death claim in Georgia can be overwhelming. Engaging an experienced wrongful death attorney can make the process more manageable and increase your chances of a fair resolution.
At Meeks Impact Law, we are committed to fighting for the rights of families in Georgia. Our expert team will handle the legal aspects of your case, allowing you to focus on healing and remembering your loved one.
Contact Us Today
If you’ve lost a loved one due to someone else’s negligence, don’t hesitate to reach out to our compassionate team. We understand the intricacies of Georgia’s wrongful death laws and will work tirelessly to ensure that justice is served.
Contact Meeks Impact Law today, so we can discuss your case and how we can support you during this challenging time.