A wrongful death lawsuit in Georgia seeks compensation for the loss of a loved one due to the negligence or wrongful act of another person or entity. If someone you love has died due to another’s negligence, you may be entitled to file a wrongful death claim. Here’s what you can expect during the process:
Who Can File? The spouse, children, or parents of the deceased are usually allowed to file a wrongful death lawsuit. If there are no surviving family members, the estate administrator or executor may pursue the claim.
Statute of Limitations. You have two years from the date of death to file a wrongful death lawsuit in Georgia. It’s best to act quickly to preserve your right to seek compensation.
Proving Fault. The plaintiff has the burden of proving that the defendant’s negligence or wrongful conduct caused the death. Evidence like police reports, medical records, eyewitness testimony, and expert analysis will be important.
Calculating Damages. Economic damages include loss of income and companionship. Non-economic damages account for pain and suffering. Punitive damages may also be awarded in some cases to punish especially reckless behavior.
Settlement or Trial. Most wrongful death claims settle out of court. If a settlement cannot be reached, the case will proceed to trial before a judge or jury. The entire process typically takes 12-24 months.
Appeals. Both parties have the right to appeal the verdict or settlement. The appeals process can add additional time.
Compensation and Dividing the Award. If successful, compensation is awarded to the surviving family members and estate. How it is divided depends on Georgia’s laws of intestate succession.
The process of pursuing a wrongful death lawsuit in Georgia can be complex. Working with an experienced wrongful death attorney is the best way to navigate the system and fight for the maximum compensation your family deserves.
It’s important to note that in a Georgia wrongful death lawsuit, the plaintiff must prove that the defendant’s negligence or intentional actions caused the death of their loved one. This can be a complex legal process, involving gathering evidence such as medical records, eyewitness testimony, and expert analysis. The plaintiff must also be able to demonstrate the extent of damages suffered as a result of the death, which can include economic and non-economic damages.
Economic damages may include loss of income and financial support that the deceased person would have provided to their family. Non-economic damages refer to the emotional pain and suffering experienced by surviving family members as a result of losing their loved one.
In Georgia, the award for damages is divided among surviving family members and the estate, according to the state’s laws of intestate succession. These laws specify how assets are distributed in the absence of a valid will. It’s important to work with an experienced wrongful death attorney to ensure that your family receives the maximum compensation that they are entitled to.
Pursuing a wrongful death lawsuit in Georgia can be a challenging and emotionally difficult process, but it may be necessary in order to seek justice for the loss of a loved one. It’s important to work with a knowledgeable and compassionate attorney who can guide you through the legal process and fight for your family’s rights.
If you have lost a loved one due to someone else’s negligence or wrongful act, we at Princenthal, May & Wilson, LLC can help guide you through the difficult process of pursuing a wrongful death lawsuit in Georgia. Our experienced attorneys can provide legal representation and support in investigating the cause of the wrongful death, identifying the liable parties, and gathering evidence to prove negligence or wrongful conduct. We can also assist with negotiating with insurance companies and other parties and representing your family in court if necessary.
We at Princenthal, May & Wilson, LLC can help you understand what to expect during a Georgia wrongful death lawsuit, including the legal process, the types of damages that may be available, and how the compensation will be divided among surviving family members and the estate.
Losing a loved one is a challenging and emotional experience, and we are here to offer our knowledge and compassion to help guide you through this difficult time and to fight for your family’s rights and just compensation.