Losing a loved one, referred to legally as the deceased person, due to someone else’s carelessness or bad behavior is a terrible experience. In those cases, Georgia law allows family members to seek justice through a wrongful death lawsuit. Whether the death was from a car accident, medical malpractice, or another fatal event, a wrongful death lawsuit allows you to pursue compensation for the loss of your loved one’s life, medical bills, funeral expenses, and more.
In this post, we will go over the key elements of a wrongful death lawsuit in Georgia including who can file, types of damages, statute of limitations, and how working with an experienced Albany wrongful death attorney can make all the difference in your case.
What is a Wrongful Death in Georgia?
In Georgia, a wrongful death is when a person dies as a result of someone else’s negligence or intentional behavior. This is known as a wrongful death action, which allows family members to seek compensation for their loss. The key is that the death must be caused by someone else’s wrongdoing whether through negligence or intentional act.
Examples of Wrongful Death
- Medical Malpractice: When a doctor or healthcare provider fails to meet the standard of care and a patient dies. This could be misdiagnosis, surgical errors, or improper treatment.
- Vehicle Accidents: Fatal accidents caused by reckless driving, DUI, or distracted driving can result in wrongful death lawsuits. If someone dies because of another driver’s negligence their family can file a lawsuit. While a personal injury lawsuit could have been filed by the victim if they had survived, a wrongful death lawsuit is filed by the family after the victim’s death.
- Workplace Accidents: If an employee dies because of unsafe working conditions or employer negligence their family may file a wrongful death lawsuit against the employer.
- Product Liability: If a defective product causes a fatal injury the manufacturer or seller may be liable. This includes faulty machinery, unsafe medications, or hazardous consumer goods.
- Criminal Acts: If someone is killed during a crime such as murder or assault the victim’s family can file a wrongful death lawsuit against the perpetrator even if a criminal case is ongoing.
- Premises Liability: If someone dies because of unsafe conditions on someone else’s property such as a slip and fall or lack of security the property owner may be liable.
Legal Grounds for Wrongful Death Lawsuits
Understanding the legal basis for wrongful death lawsuits in Georgia is important if you are considering a lawsuit. The main law governing these claims is the Georgia Wrongful Death Act. This statute outlines who can file and what damages can be recovered. Wrongful death cases can arise from various situations, including medical malpractice, vehicle accidents, and workplace incidents.
Georgia Wrongful Death Act Overview
The Georgia Wrongful Death Act provides a legal way for family members to seek compensation when a loved one dies because of someone else’s negligence or wrongdoing. This act outlines who has the standing to file a wrongful death suit, typically immediate family members such as spouses and children. This act addresses the financial and emotional impact of a person’s death on their family.
Statutes: O.C.G.A. § 51-4-1 through 5
The Georgia Wrongful Death Act can be found in O.C.G.A. § 51-4-1 through 5. These sections outline who can file, what damages can be recovered, and what must be proved in court.
- Claimants: The act states who can file a claim. Spouse, children, or parents of the deceased.
- Damages: What damages can be sought, such as lost income, funeral expenses, and emotional suffering.
- Procedural requirements: Steps to take to file a wrongful death lawsuit.
Wrongful death settlements are typically paid out by the at-fault party’s insurers, who issue a check to the lawyer, who then distributes the funds to the survivors or the estate executor.
No Common Law Basis
Note: Georgia does not have a common law basis for wrongful death lawsuits. All claims must be filed under the Georgia Wrongful Death Act. So understanding the statutory requirements is important if you are considering a wrongful death lawsuit in Georgia. Understanding the statutory requirements is crucial for determining the potential wrongful death settlement you may receive.
Who Can File a Wrongful Death Lawsuit?
Who can file a wrongful death lawsuit in Georgia is important for families to know if they want to get justice for their loved one. The law outlines who is eligible based on the relationship to the deceased. Wrongful death suits require plaintiffs to demonstrate that the defendant had a duty, breached it, and caused a fatal injury.
Spouse of the Deceased
The spouse of the deceased has the first right to file a wrongful death lawsuit. They can seek compensation for their loss, including emotional suffering and financial support lost due to the death.
Deceased’s Children if No Spouse
If the deceased had no spouse, their children are next in line to file a wrongful death lawsuit. This includes biological and adopted children. They can seek damages for the loss of their parent which can include emotional and financial impact.
Living Parent(s) if No Spouse or Children
If the deceased had no spouse or children, the living parents can file a wrongful death lawsuit. This gives parents a legal way to seek compensation for the loss of their child, recognizing the magnitude of the tragedy.
Administrator of the Decedent’s Estate if No Immediate Family Members
If there are no immediate family members like spouse, children or parents, an administrator of the decedent’s estate can file a wrongful death lawsuit. This person is often appointed by the court to manage the deceased’s estate and can file a claim on behalf of the estate for the benefit of any potential beneficiaries.
Elements of a Wrongful Death Claim
When you file a wrongful death lawsuit in Georgia you must prove these elements to win. Knowing these will help the surviving family members build their case and get the compensation they are entitled to.
Duty
The first element is duty. This is the obligation the defendant had to the deceased. In a wrongful death case, you must show the defendant had a legal duty to act in a certain way towards the decedent. For example, a driver must drive safely and obey traffic laws. If they breach that duty it can lead to tragic results.
Breach of Duty
Next is a breach of duty. This is when the defendant fails to meet their obligation to the deceased. For instance, if a driver was speeding or driving under the influence, they would be breaching their duty to drive safely. This breach must be shown in the claim, how the defendant’s actions or inactions caused the incident that led to the person’s death.
Causation
Causation is another element. It connects the breach of duty to the death of the person. In other words, you must show the defendant’s negligent behavior caused the death. This often involves showing a direct link between the defendant’s actions and the fatal result. For example, if a medical professional failed to diagnose a treatable condition and that oversight led to the patient’s death, causation can be proven.
Damages
Finally, damages are the impact of the deceased’s death on the surviving family members. This includes both economic and non-economic damages. Economic damages may include funeral and burial expenses, medical bills incurred before death, and lost wages. Non-economic damages may include the emotional pain and suffering of the family members due to their loss. It’s important to quantify these damages accurately so the claim reflects the true impact of the wrongful death.
Statute of Limitations
In Georgia, the statute of limitations for a wrongful death lawsuit is two years from the date of the deceased person’s death. This means the surviving family members have a limited time to file a wrongful death lawsuit. If they miss this deadline they will lose their right to recover for their loss.
Standard Two-Year Filing Period
The two-year period is statutory and applies to most wrongful death lawsuits. It starts from the date of the victim’s death, not from the date of the accident or incident that caused the death. It’s important for family members to know this timeline so they can pursue their legal rights.
Exceptions and Extensions
While the standard period is two years, there may be exceptions or extensions. For example:
- Discovery Rule: If the cause of death is not obvious, the statute of limitations may start when the family finds out the cause.
- Minor Children: If the deceased has minor children, the statute may be extended until the child becomes an adult.
- Mental Incapacity: If a claimant is mentally incapacitated, the statute is tolled, meaning the clock doesn’t run until they regain capacity.
Contact an Experienced Albany Wrongful Death Lawyer Today!
If you’ve lost a loved one due to someone else’s negligence, it’s essential to act quickly to protect your rights. Reach out to an experienced wrongful death attorney who understands the complexities of Georgia law. At Joe Durham Jr., P.C., we are committed to providing compassionate, skilled representation for families in Albany and throughout Georgia.
Contact us at 229-210-6226 for a free case review today!
