Wrongful Death Laws in Georgia
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Losing a loved one suddenly is devastating, especially when it was caused by the negligence of another person. Although nothing can fully compensate you for your loss, pursuing a wrongful death claim may help you recover monetary damages for hospital bills, funeral expenses, loss of income and benefits, pain and suffering, and more.
At Zinda Law Group, our legal team has handled numerous wrongful death cases nationwide and helped our clients seek the justice and compensation they deserved. We are here to assist you through this difficult time, and as our client, you will pay nothing unless we win your case. That’s our No Fee Guarantee.
If you have suffered the loss of a loved one because of someone else’s negligence or willful misconduct, call Zinda Law Group at (800) 863-5312 to receive a 100% free case evaluation with our wrongful death attorneys.
What Is a Wrongful Death Lawsuit in Georgia?
Wrongful death occurs when a person dies due to the negligent, reckless, intentional, or criminal acts of a person or entity.
For example, if someone dies after a collision with a distracted driver who was texting, the decedent’s family may be eligible to file a wrongful death lawsuit. Medical malpractice, defective products, workplace accidents, and assaults are all examples of actions that could lead to wrongful death claims.
Who May File a Wrongful Death Claim in Georgia?
In Georgia, the first person with priority to file a wrongful death claim is the spouse. If there is no spouse, the decedent’s children may file a claim. If there is no spouse or children, then the parents of the deceased may file the claim.
In cases where there is no spouse, children, or parents, then a personal representative may be appointed.
What Damages Are Available in a Georgia Wrongful Death Claim?
There are two types of wrongful death claims in Georgia. The first awards damages to the family members. These damages may include the lost wages and benefits the deceased would have earned had he or she lived, as well as the loss of care, companionship, and other intangible benefits the victim would have provided to the family.
The second type of claim awards damages to the estate. These damages can include medical expenses, funeral and burial expenses, and damages for the pain and suffering the deceased endured before death.
How Long Do I Have to File a Wrongful Death Claim in Georgia?
A wrongful death lawsuit in Georgia must be filed within two years of the date of death. However, there are some exceptions. If there is a criminal case that involves the same events that led to the wrongful death, the two year deadline starts to run again on the date the criminal case is completed.
Additionally, if the deceased person’s estate is not probated, the statute can be tolled for up to five years, which would allow up to seven years to file a wrongful death lawsuit.
Because of these intricacies, if you are considering filing a wrongful death case, you should speak with a lawyer sooner rather than later. Wrongful death cases are incredibly complex, and if you wait too long to file a claim, you risk not only the statute of limitations lapsing but also that evidence will be lost or that witnesses will forget details of the incident.
Get Help from Our Wrongful Death Lawyers
If you have lost a loved one from someone else’s negligence, the wrongful death attorneys at Zinda Law Group can help. We have handled numerous wrongful death cases and have the knowledge and resources necessary to help you build the strongest case possible.
We also believe that families should never have to worry about their ability to afford legal representation. That is why we offer 100% free consultations and why you will pay nothing unless we secure a favorable settlement, judgment, or verdict for your wrongful death claim. That’s our No Fee Guarantee.
Meetings with attorneys are available by appointment only.