Losing a family member is devastating, even more so if it happens because of someone else’s negligent actions.
When negligence contributes to an unexpected death, the surviving family members have the right to take legal action to pursue compensation. While no amount of money can replace a family’s loss, filing a wrongful death claim can help provide financial stability moving forward.
If you have lost a family member due to the actions of another, any one of our experienced Georgia wrongful death lawyers at CEO Lawyer Personal Injury Law Firm can help. You may feel overwhelmed during these moments, but attorney Ali Awad, the CEO lawyer, is here to stand up for your legal rights. Don’t accept lowball offers, and don’t take insurers at face value. Arm yourself with the legal representation you need to get a fair shake at the settlement you deserve. We have successfully represented families of lost loved ones in various situations, and we are here to explain your legal rights and options through this challenging time.
Contact our injury and accident attorneys online or call (470) 323-8779 to schedule a free, no-obligation case review to discuss your legal options for pursuing compensation from all parties responsible for your loved one’s death. Taking these steps may be hard, but we will be with you the entire way.
Work With the CEO Lawyer in Georgia
Attorney Ali Awad has extensive experience working with clients on wrongful death claims. When you seek legal representation from our Georgia law firm, we will investigate what happened to your loved one, determine how to hold the at-fault party responsible for their negligence, and fight to see that you are awarded what you need to manage expenses related to your loss.
When careless or intentional behavior results in a death, Georgia law allows the victim’s family to file a wrongful death claim on the decedent’s behalf. Some of the most common situations resulting in wrongful death include:
- Automotive accidents
- Medical malpractice
- Nursing home abuse and neglect
- Work injuries
- Defective or dangerous products
- Slip and falls
No matter what type of accident your loved one was involved in, our lawyers are here to evaluate your situation and provide options on how best to proceed based on your unique circumstances. We understand the life challenges that come from wrongfully losing a loved one, and we are here to support you as you seek restitution for the harm caused.
It is important to note that the statute of limitations to file a wrongful death claim in Georgia is typically two years from the date of the deceased’s death. However, there are instances where the timeframe is shorter or longer. For example, if a branch of the government is responsible for a loss of life, the statute of limitations is six months to one year. If someone is killed as a result of a Georgia law violation and criminal proceedings take place, the statute of limitations could be paused.
It is imperative to understand your family’s claim’s time constraints. Your attorney will review the situation and explain just how much time you have and why. Taking action now is always the best strategy, however, in order to increase the chances of successful recovery.
Seek Justice for Your Loved One With a Georgia Wrongful Death Attorney
Who Can File a Wrongful Death Claim in Georgia?
In the event your family has lost a loved one, you will need to understand who is eligible to pursue a wrongful death claim.
In Georgia, there are four groups of eligible people to file a claim:
- Spouse of the deceased. The decedent’s spouse is the first person eligible to file a wrongful death claim. Note that former, divorced spouses are not included.
- Children of the deceased. Children of the deceased are second in line, but only if the deceased’s spouse has also passed away.
- Parents of the deceased. If the deceased has no surviving spouse or children, the surviving parents have the right to file a claim.
- Estate representative. If the decedent has no surviving spouse, children, or parents, a representative of the estate can file a wrongful death claim. In the event any money is recovered, it is held by the estate and distributed to the deceased’s next-of-kin.
No matter who the eligible party is to file the claim, the family deserves the time and space to grieve properly.
However, time moves quickly, and evidence loses its value over time. When you work with a wrongful death attorney, they can focus on gathering as much evidence as possible to support your claim while you have the time you need to mourn your family’s loss.
Proving Wrongful Death in Georgia
As with any claim involving negligence, there are four elements you need to prove to file a valid wrongful death claim, including negligence, breach of duty, causation, and damages.
Negligence refers to careless or reckless actions that a typical person would not make. To prove breach of duty, you have to establish the defendant owed your loved one a duty of care that they failed to abide by. Causation refers to how the defendant’s negligence actions caused the accident that resulted in your loved one’s passing. Finally, damages refer to quantifiable losses.
When all these elements can be proven, surviving family members of wrongful death victims can maximize their chances of recovering damages.
Claimable Damages in a Wrongful Death Case
Damages in a survival action claim can include:
- The medical bills spent on treatment prior to the loved one’s death
- The remaining income they would have earned during their likely lifespan
- Funeral and burial expenses
- Compensation for their pain and suffering
- Restitution for other expenses encountered by the decedent as well as their estate
A separate wrongful death claim may be filed on behalf of surviving family members to compensate them for the loss of household income the decedent would have brought in (this amount cannot be duplicated from the survival action claim, however). Money may be offered for the replacement of domestic services the loved one provides, including child care, transportation, housekeeping, and more. Survivors can also seek compensation for their own loss of consortium, which refers to the time spent with their loved one and the experiences they would have provided.
How Long Do Wrongful Death Claims Take to Resolve in Georgia?
You may also wonder how long it will take for your claim to resolve. Unfortunately, there is no clear-cut answer, as every wrongful death case is unique. There are several factors that have the potential to impact how long it takes to settle a claim.
The first factor depends on the family and Probate Court. It can take weeks or months to set up the estate, especially if the deceased were not actively managing their estate plans prior to their death. Depending on the domestic situation, it may take time to have all the required relatives on the same page regarding what to do, why to do it, and who to do it with. Your lawyer will identify the applicable wrongful death claimants and determine who needs to serve as the administrator of the estate.
The second time-related factor is dependent upon who is being sued. Suppose your family is taking legal action against a large corporate defendant, like a medical device manufacturer or nursing home chain. In that case, they may look to avoid settling quickly and hire an attorney who charges by the hour to file motion after motion. If that’s the situation you are in, it is possible your case could go on for several years. However, there are defendants that are remorseful for what happened and may look to resolve the matter as soon as possible.
The third factor depends on applicable insurance limits. In some instances, the available insurance limit is not enough to compensate a family for their loss. In cases like that, it is common for plaintiffs to give the at-fault party’s insurance company a chance to pay the policy limit by a reasonable deadline.
Finally, the length of your family’s case depends on which route you go in terms of legal options. If your family is looking for a faster resolution, you may choose to settle through negotiations. However, some families choose to take the case through trial, mainly if they believe their loved one was deliberately killed.
No matter which approach your family takes, the CEO Lawyer is ready to stand by your side.
Protect Your Family’s Future With a Georgia Wrongful Death Law Firm
In Georgia, wrongful death cases can include claims for damages incurred pre-death, which go to the estate, and damages suffered after the death, which go to the surviving family members and/or heirs. While no amount of money can compensate a family for their loss, the money can help provide a financially stable future for everyone. Without this restitution, the household and the heirs of the loved one may suffer from a gaping hole in their planned finances.
Depending on the situation, you may also be able to recover compensation for funeral expenses, anticipated lost income, loss of consortium, and more.
Death Claims
Per Georgia law, wrongful death claims are filed for a person’s full value of life, including tangible and intangible compensation types.
Tangible value, also called economic value, refers to the monetary value of the deceased’s actions. Economic value includes the money they would have earned throughout their life and the economic value of tasks like childcare, house maintenance, yard work, and caring for older relatives.
The components of intangible value related to the parts of life that people generally value the most, like raising a family, spending time with friends and loved ones, family activities, and life milestones.
Estate Claims
Estate claims are sometimes referred to as pre-death claims. In Georgia, the deceased’s family has the right to seek recovery for the pain and suffering their loved one experienced prior to and in relation to the accident. Medical bills incurred before death, funeral expenses, and other death-related costs are also recoverable. Punitive damages, which set out to punish the at-fault party for their actions and discourage others from acting similarly in the future, must be sought by the estate.
In the event the decedent has a will, the administrator named in the will is responsible for filing the estate claim. If there was no will, Georgia’s law of intestacy determines who is allowed to file.
Get Help From the CEO Lawyer Personal Injury Law Firm
If your family has lost a loved one as a result of someone else’s negligent actions, CEO Lawyer Personal Injury Law Firm can help. Surviving family members and representatives of the decedent’s estate deserve to understand their legal rights and options after a loss.
We know how challenging it can be to comprehend the loss of a loved one, especially when it is unexpected. Our Georgia wrongful death lawyers can help your family recover the compensation you need to manage your economic losses, so you can focus on moving forward together and celebrating the life of your loved one.
The sooner you contact CEO Lawyer Personal Injury Law Firm, the better your chances are of pursuing a successful wrongful death claim. Call (470) 323-8779 or complete our contact form to schedule a free, no-obligation case review now.
