What is Wrongful Death?
The law defines wrongful death as “… all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.”
What is a wrongful death lawsuit?
A wrongful death lawsuit can be brought by a wrongful death attorney if the death is due to the negligence or misconduct of another.
Who Can Recover for Wrongful Death in Georgia?
The individuals listed in the following order are eligible to recover for wrongful death actions:
- the deceased’s surviving spouse and surviving children, if any.
- if there is no surviving spouse, the deceased’s surviving child or children, if any.
- if no spouse or children survive, the deceased’s parent or parents, if any, or
- if no spouse, children, or parents survive, the administrator or executor of the deceased person’s estate.
How are Wrongful Death Settlements Paid Out?
In a successful wrongful death lawsuit, the court will order the guilty party to pay “damages” (the claimed losses), to the deceased person’s survivors or estate. If an executor brought the claim, with the assistance of a Georgia wrongful death attorney, the recovered damages are held by the estate for the benefit of the deceased person’s next of kin.
Damages in a Wrongful Death Action in Georgia
There are two categories of damages that can be sought with the assistance of a wrongful death attorney in Georgia. The first category includes economic and tangible factors and intends to compensate the surviving family for the “full value of the life of the decedent”. The second category of damages must be claimed by the deceased person’s executor and intends to compensate that person’s estate for financial losses related to their death and for pain and suffering of the Decedent.
Filing a Wrongful Death Lawsuit in Georgia
According to the Georgia statute of limitations, a wrongful death lawsuit must be filed within two years from the date of the death. Meeks Impact Law, an experienced wrongful death attorney in Georgia, will determine if there is sufficient cause to file a lawsuit before evidence is gathered and attempts for a fair settlement is made. If the negotiations break down or fail, the case is taken to court.
Meeks Impact Law is a dedicated, family-based firm in Cumming, Georgia, that will give your family the personal attention they need when a loved one passes away due to wrongful death. Our services include that of a legal nurse consultant, who provides expert guidance in the event of wrongful death due to medical negligence. Do you need a wrongful death attorney in Georgia? Meeks Impact Law will be there to support you. Contact us today.