How is Wrongful Death Defined Under Georgia Law?

In Georgia, if someone dies because of a harmful product, a motor vehicle crash, medical malpractice, or a criminal act, their death qualifies as a wrongful death. When a death occurs because of the wrongdoing, negligence, or actions of another, the surviving family members may file a wrongful death claim.

Mourning a loved one doesn’t leave you a lot of mental bandwidth for coping with a wrongful death lawsuit. However, a skilled Georgia wrongful death lawyer has the tools and resources to manage a wrongful death case and seek maximum compensation on your family’s behalf so you don’t suffer the economic fallout associated with losing a family member.

What Are the Four Elements of a Georgia Wrongful Death Claim?

Establishing a wrongful death lawsuit means proving the following four critical elements:

• Duty of care – The first element you must establish in a wrongful death case is that the at-fault party owed your loved one a duty of care. Duty of care means the party has a legal obligation to act in a reasonable way that doesn’t put others in danger. For example, all Georgia motorists must safely operate their vehicles on local roadways.
• Breach of duty of care – The second crucial element of a solid wrongful death case is showing that an at-fault party violated or breached their duty of care.
• Causation – Causation means proving that the careless actions of the at-fault party caused the accident that resulted in your loved one’s untimely death. It means establishing that the death of your family member never would have occurred without the actions of the at-fault party.
• Damages – The final element is proving that the surviving family members suffered losses, or “damages.” Damages are the financial and emotional losses directly caused by the death of a loved one and the actions of the at-fault party.

Who May File a Wrongful Death Claim in Georgia?

Every jurisdiction has unique rules governing who may file a wrongful death lawsuit following the loss of a family member or loved one. In many areas, only the personal representative of the deceased may move forward with a wrongful death case. Georgia law allows family members to file a wrongful death lawsuit on behalf of a family member in the following order:

• Surviving spouse
• Surviving children
• Surviving parents
• The executor or personal representative of the deceased’s estate.

Siblings, grandparents, and other relatives cannot file a wrongful death lawsuit on behalf of a family member in the state of Georgia. If there is no family to file a lawsuit, the executor of the deceased individual’s estate can file a lawsuit, and any compensation recovered goes to the estate and may be distributed to named beneficiaries or next of kin.

How Is Compensation for a Georgia Wrongful Death Determined?

Understanding compensation in Georgia wrongful death cases can be tricky. A wrongful death lawsuit seeks to compensate family members for the “full value of the life of the decedent.” That means in a wrongful death case, compensation can cover:

• Lost wages
• Lose benefits and services
• Lost care, companionship, or advice.

The value of a wrongful death case varies based on the age, income, and earning capacity of the deceased individual. Georgia also extends another legal avenue for recovering compensation to the personal representative or executor of the deceased individual’s estate. An estate claim allows the deceased individual’s estate to recover expenses for the following:

• Medical expenses incurred before death
• Funeral expenses
• Burial expenses
• Pain and suffering.

In a successful estate claim, the money recovered goes to the deceased individual’s estate. Only a personal representative or executor can pursue an estate claim. The executor is the person named by the deceased in their will or estate plan. If the deceased passed away without a will, the court can name an executor to act on behalf of the estate.

Compensation in a wrongful death case gets distributed to surviving family members. Compensation in an estate claim gets put back into the estate. It then gets distributed as outlined by the individual’s will or, if the person died without a will, by Georgia’s inheritance laws.

What Is the Time Limit for Filing a Wrongful Death Claim in Georgia?

Mourning has no time frame. However, filing a wrongful death lawsuit in Georgia does. The state gives family members two years from the date of death to file a wrongful death lawsuit seeking compensation for the life of the deceased. If you wait too long to file, you can lose negotiating leverage against other parties and the ability to take your case before a judge or jury. Cases filed after the legal deadline face dismissal by the court.

Some exceptions exist. If your family member’s death resulted from a criminal act, the statute of limitations on the wrongful death case can be suspended until the criminal trial is resolved, up to a maximum of six years. Criminal cases are separate from civil cases. So, while the prosecutor attempts to hold the accused criminally accountable for their actions, you aren’t missing your opportunity to file a civil case to hold the at-fault party civilly responsible for their actions. The day the criminal case is resolved, the two-year clock starts ticking.

Contact a Georgia Wrongful Death Lawyer

Nothing shakes a person to their core like the loss of a cherished family member. At R. Alan Cleveland, LLC, our wrongful death attorneys focus on the legal aspects of your case so you can focus on grieving and helping your family heal. We’ll use our extensive network of resources and legal experience to seek the most favorable outcome for your situation. To date, we have successfully recovered over $150 million in verdicts and settlements for our clients.

Contact our Athens office today to arrange a free legal consultation to learn more about your options for pursuing meaningful compensation for your family. Money can’t bring back your loved one, but it can help stabilize your financial situation during these uncertain and challenging times.