Losing a loved one because of someone else’s careless actions can change a family’s life. Along with the loss, families may face funeral costs, unpaid bills, and lost income. They may also have questions about who was at fault and what they can do next.
Recovering for the wrongful death of a loved one in Atlanta, GA, involves knowing your rights under Georgia law. Certain family members can seek payment when another person’s actions cause a death.
What Qualifies as Wrongful Death in Georgia?
A wrongful death occurs when someone dies because of another person’s careless, reckless, or wrongful actions.
Several types of accidents can lead to wrongful death claims in Atlanta, including:
- Car, truck, and motorcycle crashes
- Medical errors and poor hospital care
- Falls caused by unsafe property conditions
- Injuries from defective products
- Work accidents caused by negligent third parties
For example, a doctor may fail to diagnose a serious illness in time to treat it. If that mistake causes a patient’s death, the family may have grounds for a medical malpractice claim.
The family must show that the other party’s actions caused the death.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia law sets an order for who has the right to file a wrongful death claim.
Under O.C.G.A. § 51-4-2, the surviving spouse usually has the first right to file. If the person who died had children, the spouse brings the claim on behalf of both the spouse and the children.
If there is no surviving spouse, the children may file. If there is no spouse or child, the parents may have the right to bring a claim.
When none of these family members can file, the person in charge of the estate may bring the claim for the next of kin.
If a spouse and children share the payment from a claim, the spouse must receive at least one-third of the total.
What Damages Can Families Recover in Georgia?
Georgia law allows families to seek damages based on the full value of the deceased person’s life. This includes both financial losses and the value of the life the person would have lived.
Lost Income and Services
The financial part of a claim may include the money the person would have earned during their lifetime.
It may also include job benefits and the value of services they would have provided, such as caring for children or helping maintain a home.
Value of Life Beyond Income
Georgia also recognizes that a person’s life has value beyond money.
This may include time spent with loved ones, hobbies, travel, and other parts of life the person would have enjoyed.
These damages focus on the life the deceased person lost, rather than only the family’s grief.
Medical and Funeral Costs
The estate may have a separate claim for costs tied to the injury and death.
Under O.C.G.A. § 51-4-5, the estate may seek payment for medical bills, funeral costs, and other necessary expenses.
The estate may also be able to recover damages for pain and suffering the person faced before death.
How Do You Prove a Wrongful Death Claim?
To recover damages, the family must show that another party’s wrongful actions caused the death.
The evidence needed will depend on what happened. It may include medical records, crash reports, photos, witness accounts, and opinions from experts.
For example, a fatal truck crash may require a review of driver logs and vehicle records. A case involving medical errors may call for hospital records and medical experts.
Records of the person’s age, health, work, and daily life can also help show the value of the claim.
How Long Do You Have to File a Wrongful Death Lawsuit?
In most cases, Georgia gives families two years from the date of death to file a wrongful death lawsuit.
This deadline comes from O.C.G.A. § 9-3-33.
Some cases have different rules. For example, a related criminal case may affect the time limit. Claims against government agencies may also require earlier notice.
Waiting too long can make it harder to gather proof or may prevent the family from filing a lawsuit.
How Are Wrongful Death Claims Resolved?
Many wrongful death cases end with a settlement rather than a trial.
During settlement talks, the parties review the evidence, discuss who was at fault, and try to agree on a fair amount of payment.
If they cannot reach an agreement, the case may go to court. A judge or jury may then decide who is responsible and how much the family can recover.
Contact an Atlanta Wrongful Death Lawyer at Malone Law Medical Malpractice and Severe Injury Lawyers for a Free Consultation
Losing a loved one because of someone else’s negligence can be devastating. If your family has suffered a wrongful death in Atlanta, GA, Malone Law Medical Malpractice and Severe Injury Lawyers can help you understand your legal rights and options.
Our experienced Atlanta wrongful death lawyers can investigate your loved one’s death, identify responsible parties, and help your family pursue compensation for your losses. Contact us today to schedule a free consultation and learn how we can help.
We proudly represent injury victims across Fulton County, including Atlanta and surrounding communities in Georgia.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346
(770) 390-7550
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