Losing a loved one is always heartbreaking, but when their death is caused by someone else’s negligence or intentional actions, the pain is magnified. Filing a wrongful death complaint in Waycross, GA, can help families seek justice and recover compensation for their loss. Understanding the process and requirements of filing such a claim can be overwhelming, especially during a time of grief. Here’s what you must know:
What constitutes wrongful death in Georgia?
Under Georgia law, wrongful death occurs when a person’s death is caused by the negligent, reckless, intentional or criminal actions of another party. Examples include fatal car accidents, medical malpractice, workplace accidents, defective products and intentional harm. Wrongful death claims aim to hold the responsible party accountable and provide financial relief for the deceased’s family. This compensation can cover loss of income, funeral expenses, medical bills incurred before death and the intangible loss of companionship and guidance.
Who can file a wrongful death claim?
Georgia law specifies who is eligible to file a wrongful death lawsuit. The order of priority is as follows:
- The surviving spouse: The spouse of the deceased has the first right to file a wrongful death claim. If there are minor children, the spouse must act as their representative and share any compensation equally, with a minimum of one-third allocated to the spouse.
- Children of the deceased: If there is no surviving spouse, the deceased’s children may file the claim.
- Parents of the deceased: If the deceased has no surviving spouse or children, their parents can pursue the claim.
- The estate representative: If no family members are available to file, the estate’s executor or administrator can file a claim on behalf of the estate. In this case, compensation is distributed according to the deceased’s will or Georgia’s inheritance laws. The estate may also recover pain and suffering the deceased person experienced prior to their death.
Time limits for filing a wrongful death claim
The statute of limitations for filing a wrongful death lawsuit in Georgia is generally two years from the date of death. However, certain factors can alter this timeline. If a criminal case is associated with the death, the statute of limitations may be paused until the criminal case concludes. And if the responsible party is a government entity, special rules and shorter deadlines may apply.
In any case, filing within the specified time frame is critical. Missing the deadline could result in losing your right to seek compensation.
Proving a wrongful death claim
To succeed in a wrongful death lawsuit in Waycross, GA, the plaintiff must prove four key elements:
- Duty of care: The defendant had a legal duty to act in a way that would not cause harm to the deceased. For example, a driver has a duty to follow traffic laws to prevent accidents.
- Breach of duty: The defendant failed to fulfill their duty of care through negligence, recklessness, or intentional actions.
- Causation: The breach of duty directly caused the death of your loved one.
- Damages: The death resulted in quantifiable losses, such as medical expenses, loss of income, and emotional suffering.
An experienced wrongful death attorney can help gather evidence, interview witnesses, and work with experts to establish these elements.
What compensation is available in a wrongful death case?
In Georgia, wrongful death claims can result in two types of compensation:
- The full value of the life of the deceased: This includes both tangible and intangible losses, such as lost income the deceased would have earned and loss of companionship, care and guidance provided by the deceased.
- Funeral and medical expenses: The estate can recover costs for medical treatment the deceased received before passing, as well as reasonable funeral and burial expenses.
Calculating fair compensation can be a highly complex issue and depends upon multiple factors. Your best bet is to rely upon a skilled attorney to evaluate your case to determine the full extent of your legally collectible losses.
Why you need a Waycross, GA wrongful death attorney
While it is possible to file a wrongful death claim without legal representation, it is not advisable. The legal process can be complex, especially when grieving. An attorney experienced in Georgia wrongful death cases can thoroughly explain your rights and guide you through the legal process; help you collect and preserve crucial evidence; handle negotiations with insurance companies or opposing parties and represent you in court if a fair settlement cannot be reached.
Filing a wrongful death complaint is not just about financial compensation; it is about holding the responsible party accountable and finding closure for your family. If you have lost a loved one due to someone else’s negligence or wrongful actions in Waycross, GA, the compassionate attorneys at Farrar, Hennesy and Tanner are here to help. Our attorneys have been in the South Georgia area for multiple generations. We understand the local court system and have a network of resources to build a strong case.
If you’ve lost a loved one, call us 912-384-2287 or request a free case review online to discuss your case and explore your options. Let us take the legal burden off your shoulders so you can focus on healing.