Losing a loved one due to someone else’s negligence is a devastating experience. For families in Valdosta, Georgia, understanding the legal avenues available for seeking justice can provide a sense of direction during such challenging times. Georgia’s wrongful death laws offer a framework for holding responsible parties accountable and securing compensation for the profound losses endured.
Understanding Wrongful Death in Georgia
Under Georgia law, a wrongful death occurs when a person’s death is caused by the negligent, reckless, intentional or criminal actions of another party. Common scenarios include fatal car accidents, medical malpractice, defective products and criminal acts. The primary objective of a wrongful death claim is to compensate the deceased’s family for the “full value of the life” lost, encompassing both tangible and intangible elements.
Who Can File a Wrongful Death Claim?
Georgia statutes specify a hierarchy of individuals eligible to file a wrongful death lawsuit:
- Surviving Spouse: If the deceased was married, the spouse has the primary right to file the claim.
- Children: In the absence of a surviving spouse, the deceased’s children can initiate the lawsuit.
- Parents: If there are no surviving spouse or children, the deceased’s parents may file the claim.
- Estate Representative: If none of the above relatives are available, the executor or administrator of the deceased’s estate can bring forth the claim on behalf of the next of kin.
It’s important to note that siblings, grandparents and other relatives are generally not permitted to file a wrongful death claim under Georgia law.
Types of Damages Recoverable
In a Georgia wrongful death lawsuit, the court may award damages intended to represent the “full value of the life” of the deceased. This encompasses:
- Economic Damages: These include lost wages and benefits the deceased would have earned, medical expenses related to the final illness or injury and funeral and burial costs.
- Non-Economic Damages: These cover intangible losses such as the loss of companionship, care and other relational aspects the deceased provided to their family.
Additionally, in cases where the deceased experienced pain and suffering before death, the estate may pursue a survival action to recover damages for those specific losses.
Statute of Limitations
Time is a critical factor in wrongful death cases. In Georgia, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. However, certain circumstances can alter this timeframe:
- Criminal Proceedings: If the death resulted from a criminal act, the statute of limitations may be tolled until the conclusion of the criminal case.
- Probate Delays: If the deceased’s estate has not been probated, the statute of limitations can be extended up to five years.
Failing to file within the applicable period can result in the loss of the right to pursue compensation.
Establishing Liability
To succeed in a wrongful death claim, the plaintiff must demonstrate that the defendant’s actions directly caused the death. This involves proving:
- Duty of Care: The defendant owed a legal duty to the deceased.
- Breach of Duty: The defendant breached that duty through action or inaction.
- Causation: The breach directly caused the death.
- Damages: The death resulted in quantifiable damages to the surviving family members.
Evidence such as medical records, eyewitness testimony and expert analysis often play a crucial role in establishing these elements.
Comparative Negligence
Georgia follows a modified comparative negligence rule. This means that if the deceased was partially at fault for the incident leading to death, the recoverable damages may be reduced proportionally. However, if the deceased was found to be 50% or more at fault, the family may be barred from recovering damages.
Taking the Next Step
The complexities of a wrongful death claim require experienced legal guidance. If you’ve lost a loved one due to another’s negligence in Valdosta, Georgia, it’s essential to act promptly to protect your rights and pursue the justice your family deserves.
Contact Farrar, Hennesy & Tanner today at 912-384-2287 or request a free case review online. Our compassionate and dedicated attorneys are here to support you through every step of the legal process.