Experiencing the loss of a loved one may be one of the most difficult things anyone has to navigate in their lives. Occasionally, when someone passes, it is the result of negligence, carelessness, or recklessness of another party. When this is the case, the deceased’s family and loved ones may potentially have the ability to file a Georgia wrongful death claim. Although wrongful death cases are common across the United States, state rules often differ based on unique statutes, and Georgia is no exception.
In a recent news report, a major car accident left at least four dead in its wake. Just after midnight, the driver of a pickup truck slid into an oncoming lane of traffic and was hit by another vehicle. The driver of that vehicle and his passenger were killed, while his other passenger was in serious condition. The pickup truck’s two passengers were declared dead on the scene, while the driver was airlifted to a local hospital.
Georgia wrongful death lawsuits can be complex. State law only allows specific parties to bring wrongful death claims. Additionally, regardless of how many children are present in the family, the spouse is automatically entitled to receive nothing less than one-third of the total amount of damages in Georgia. If the deceased person is unmarried, wrongful death claims can be brought by surviving parents or the designated representative of the deceased’s estate.
When deciding whether to file a wrongful death claim, you may be wondering what types of compensation are available if your claim is successful. In Georgia, there are two main types of wrongful death claims. First, if the party files for the “full value of the life of the deceased,” monetary damages may be available in the form of lost wages or employee benefits, loss of companionship, and other intangible losses and financial benefits. However, if the deceased individual does not have a surviving spouse or children, the representative of their estate can receive damages that subsidize any financial losses. Some available compensatory damages include medical costs, funeral fees, and emotional damages that involve pain and suffering that individuals endured before passing.
Time is of the essence in Georgia when filing a wrongful death claim. Georgia has a statute of limitations in place for wrongful death claims, where under normal circumstances, eligible parties have two years from the date of the death of the deceased to file a claim. There are exceptions to this limit, however, when the deceased individual’s estate is not probated. When this occurs, a wrongful death claim can be filed for up to seven years.
Have You Lost a Loved in a Georgia Accident?
If you or someone you know has lost a loved one in a Georgia car accident or some other act of negligence, you may be entitled to monetary compensation from a Georgia wrongful death lawsuit. The injury attorneys at McAleer Law have years of experience handling personal injury cases and will advocate tirelessly on your behalf. Contact us today for a free consultation and to discuss your case in more detail. We can be reached at 404-622-5337, or through our online form.