Carrying the weight of a wrongful death claim for a loved one is a heavy burden to bear. A wrongful death attorney can advocate for you and your family member so you can focus on the grieving process, but it can also be helpful to know what to expect. Georgia has strict laws about filing a wrongful death claim, including the statute of limitations for filing.
What is a Statute of Limitations?
A statute of limitations refers to the amount of time someone has to begin legal action for wrongdoing. If the statute of limitations passes, an injured party may lose their right to seek legal recourse for their injuries or damages. A wrongful death lawsuit’s statute of limitations is the timeframe you have for filing a claim, and it begins on the date of death.
The deadline in Georgia varies depending on the circumstances surrounding the death. Typically, a wrongful death lawsuit has a statute of limitations of two years. If your loved one’s death involved the government, such as a city bus or negligence by a government employee, the timeframe will likely be shorter. Wrongful death claims in which the at-fault party committed a crime may have a longer statute of limitations because it will be paused until the outcome of a criminal case is determined.
Who is Entitled to File a Wrongful Death Claim in Georgia?
Not everyone who was close to a deceased person can file a wrongful death claim on their behalf in Georgia. State laws provide strict and complex guidelines for who has the authority to bring such a claim. In general, the following people may be able to file a wrongful death lawsuit in Georgia:
- Surviving spouses
- Children
- Grandchildren
- Parents of minor children
- The estate of the deceased
Calculating the Full Value of Someone’s Life
It goes without saying that no amount of money feels sufficient after the death of someone you love. A beloved spouse, parent, grandparent, or child’s life is priceless. However, wrongful death claims require a monetary amount to be determined, so how is that calculated?
The full value of the life of the person who has passed is calculated based on the perspective of that person and uses intangible and tangible elements. The intangible value of life includes the most treasured parts, such as experiencing life’s milestones, spending quality time with loved ones, and doing all the daily activities of life. Tangible value includes the estimated economic value that the deceased person contributed, such as their income and other household contributions.
Dedicated Georgia Wrongful Death Attorneys
If it’s been less than two years since your loved one’s wrongful death or you think the wrongful death statute of limitations has otherwise not passed, contact Flanagan Law. We are happy to answer any questions you may have about the statute of limitations in Atlanta, Georgia, or any other issue involving the wrongful death of your loved one. Schedule a free consultation with us today.
