A wrongful death occurs when someone dies as a result of another person or entity’s negligence, failure to act, or willful wrongdoing. When someone passes away due to the action or inaction of another party, a wrongful death case may be an option for legal recourse. However, it is important to note that not everyone is allowed to file such a case in Georgia.
Damages Available in a Georgia Wrongful Death Case
A personal injury case provides damages to the injured accident victim for harm caused by the responsible party, so what does a wrongful death case offer? It is essentially a way to seek justice, closure, and financial compensation for the devastating impact of someone’s death.
The exact damages that parties may recover will depend on the individual case, but they can include:
- The lost wages that could have been earned had the deceased lived
- Related medical costs incurred prior to the death
- Funeral and burial costs
- The full value of the deceased’s life
Filing a Wrongful Death Claim in Georgia
The statute of limitations, or the deadline for taking legal action, in a wrongful death case in Georgia is usually two years. This may seem like plenty of time, but the timeframe can feel as though it passes quickly in the midst of the turmoil of a loved one’s preventable death. Plus, some cases have shorter timeframes, including wrongful death claims involving the government. If the statute of limitations passes without any legal action being initiated, you may lose your chance to seek justice.
Georgia state law is clear that only certain parties can file a wrongful death claim. Typically, it is a spouse, child, or parent that files a wrongful death claim, but what does Georgia law specifically say about entitled parties?
Section 51-4-2 of the Georgia Code says that a surviving spouse may recover for the wrongful death of their husband or wife. If there is no surviving spouse, then the deceased’s child or children can file, and the children may be adults or minors.
If the deceased person did not have a surviving spouse or children, their parents shall have the right to file a wrongful death claim.
Wrongful Death Representation You Can Trust
There’s nothing more important in your journey for legal recourse than having a wrongful death attorney you can trust to represent your interests and advocate for the justice you and your loved one deserve. Flanagan Law is honored to be chosen for this task by clients in Atlanta and the surrounding area. Contact us today to schedule a free consultation.
