Understand Who Files a Wrongful Death Claim in Atlanta, Georgia?

In Georgia, the family members of someone who has died as a result of another person’s actions are entitled to compensation for both the economic and non-economic costs of their death. Financial awards can be substantial, depending on the individual.

An Atlanta wrongful death attorney who has the training and experience in such cases is of supreme importance. As your research for the right attorney to take your case, take some time to learn the questions you need to have answered fully for you. 

Understand Who Files a Wrongful Death Claim in Atlanta, Georgia?

What Is “Wrongful Death” in Georgia?

In Georgia, a wrongful death occurs in all cases in which the death of a human being results from a crime, from criminal or other negligence, or defective property.

What is a wrongful death claim? A wrongful death claim is a civil action that may be brought in a court of law by the victim's family to obtain financial damages for the death of a liked one as well as financial and non-financial damages. These cases involve:

• Medical malpractice

• Wrongful death negligence - Negligence-based incident (such as a car accident)

• A defective product, or

• A premeditated act (such as a crime).

Wrongful death in Atlanta is defined by Georgia Code § 51-4-1 solely as financial compensation the court orders the defendant to pay for the deceased person's survivors or estate. Unlike in a criminal homicide case, the defendant is not convicted of the crime, therefore there are no prison terms, fines paid to the state, probation.

Are Wrongful Death Cases Common?

Considering the amount of construction and hours commuters spend on the roads, unintentional fatal injuries can happen to anyone in Atlanta. For these reasons alone, an Atlanta wrongful death attorney will tell you such cases are far too common.

National statistics show the most common causes of accident-related deaths are:

• About 40,000 people are killed in vehicle crashes every year in the United States.

• More than 36,000 people die as a result of fall-related accidents.

• Over 64,000 people die from unintentional poisoning every year.

• Almost 5,000 workers suffer fatal work-related injuries in the United States each year.

Why File a Wrongful Death Claim?

For these mourning, the failure of an admired one, a wrongful death case gives the chance to gain costs suffered in the wake of the struggle. Though a loved one can never be replaced, a successful wrongful death claim can provide benefits for a family’s lost income, the loss of care at home, the loss of companionship, and in addition, pain and suffering.

For most mourning families, what involves most is that a victorious lawsuit may check a neglectful firm from imitating its errors and severely damaging or killing someone else.

Who can File a Wrongful Death Lawsuit in Atlanta?

Wrongful death claims are actions that arise after the death of a person, whether natural or accidental and are based on the claim that the deceased was killed by a party (the defendant) who was not liable.

Georgia law sets the order of who may file a lawsuit on behalf of a deceased person. 

• The deceased's surviving spouse.

• If there is no surviving spouse, the deceased's surviving child or children each inherit one-half of the deceased's estate.

• If no spouse or children survive the deceased, their parents, or

• If no spouse, kids, or parents sustain, the manager or executor of the deceased person's property.

Following Georgia law, no additional family member—such as a sibling or grandparent—is qualified to register a wrongful death lawsuit on part of the deceased; just the somebody noted above may register the claim.

What Damages Can Be Inquired in a Georgia Wrongful Death Case?

In Georgia, two kinds of failures can be explored in a wrongful death claim:

The first kind explores to compensate sustaining family for the “full utility of the life of the decedent,” which can combine both financial and uncertain portions, such as

• Lost wages, services, and benefits, along with what the deceased person might realistically have earned if he or she had lived, and

• Lost care, counsel, advice, and companionship

The second kind of damages is dedicated to compensating the deceased person's estate for economic failures related to the death. This claim needs to be produced by the deceased person’s executor and can involve compensation for:

• Medical costs associated with deceased ‘s last illness or injury.

• Funeral and burial expenses, and

• Other required expenses resulting from the person's illness or injury and death.

How Long Does a Person Have to File a Wrongful Death Claim in Atlanta?

How to file a wrongful death claim? Who can bring a wrongful death claim? Wrongful death statute? Similar to other lawsuits, wrongful death claims need to be listed within a specific time. This law is identified as a statute of restrictions. In most utmost cases, Georgia wrongful death claims need to be listed within 2 years from the date of the death. If the lawsuit is not filed within two years, the right to bring suit is lost. There are two exceptions to this:

• If the death was the consequence of a crime - If a criminal case decisions from the similar functions as the wrongful death case, the law of limitations on the wrongful death case is rejected till the criminal case is performed, up to a maximum of 6 years. The two-year law of limitations for wrongful death starts to work on the date the illegal case is settled.

• When the deceased person's property has not been held probated.

After the death of a person, the executor must process all the deceased person's affairs. This includes determining if there are assets that can be transferred to heirs, paying bills, filing claims, and taxes and ensuring that all property is properly handled.

Conclusion

Unfortunately, too many lawyers take such cases and get it done... but they're too busy, so you end up with a defense lawyer who isn't willing to spend the time and effort necessary. A wrongful death case is a tough one to win. It demands more time and energy to happily arrange a case for wrongful death than one for individual injury. 

The truth is that some law firms do not have the resources available to pursue a case for wrongful death with the energy these cases generally call for. That is why it essential you find an Atlanta wrongful death attorney with experience in wrongful death cases to represent your and the legacy of your love the best it can be.