Filing a Wrongful Death Claim in Georgia
Filing a Wrongful Death Claim in Georgia
At Davies Hothem Injury Law, we seek justice through fierce and compassionate representation
Losing a loved one is an unimaginable experience. When that loss is due to someone else’s negligence or wrongful acts, the pain can be overwhelming. At Davies Hothem Injury Law, we providfierce and skilled legal representation, while compassionately walking you and your family through a wrongful death claim. While the value of a loved one’s loss is priceless, our team of Gainesville, Georgia wrongful death lawyer will work tirelessly to obtain justice and the financial compensation you and your family can depend on.
What is a Wrongful Death
A wrongful death claim seeks compensation for the survivors of individuals who have died due to the negligent acts of another person or entity. Unlike criminal cases, where the focus is on punishing the perpetrator, wrongful death lawsuits are civil matters that seek financial compensation for the deceased’s family.In these cases, the wrongful death lawsuit is brought by the surviving family members and an estate representative.
A wrongful death claim can arise out of negligence or intentional misconduct. Negligence involves the failure to exercise reasonable care. This can include instances where an individual or business failed to uphold their duty of care, leading to a tragic outcome. On the other hand, intentional acts refer to situations where a person deliberately engages in violent or reckless behavior that causes death.
Motor vehicle accidents involving cars, trucks or motorcycles are a common source of wrongful death lawsuits. Medical malpractice and nursing home abuse, or even day care center neglect, can result in a wrongful death claim. Workplace accidents may also lead to a wrongful death claim when there is a failure to adhere to safety regulations or maintain the premises in a safe condition. Additionally, deaths resulting from homicides may be actionable if negligence or inadequate security by a third party contributed to the fatal outcome.
Whatever the circumstances are, our team of wrongful death attorneys will meticulously investigate the death to determine if it could have been prevented and whether there is sufficient evidence a wrongful death claim.
Filing a Georgia Wrongful Death Lawsuit
A wrongful death lawsuit is a civil action that seeks financial compensation for the ‘full value of the life’ of the decedent. In Georgia, the amount determined is from the perspective of the deceased, as opposed to the surviving family.
While no monetary award can truly reflect the value of one’s life and the profound impact their absence has on you and your family, a wrongful death lawsuit seeks accountability from the wrongdoer and financial compensation to care for the family and dependents left behind.
A wrongful death claim can seek compensation for various economic damages, such as medical expenses, funeral expenses and future lost income, as well as non-economic damages for the physical, mental and emotional pain and suffering experienced by your loved one prior to their death
Who is Eligible to File a Wrongful Death Suit in Georgia?
Under Georgia law, there is a hierarchy of those entitled to bring a wrongful death lawsuit on behalf of a deceased person:
- Surviving Spouse: If the deceased is survived by a spouse, he or she has the right to file the wrongful death claim. If there are surviving minor children, their legal guardian will represent the interests of the minor children. In many situations, the Court will appoint a neutral third party, known as a guardian ad litem, to ensure the interests of the minor children are protected. By law, the spouse is guaranteed a minimum of one-third of any compensation awarded, regardless of the number of children involved.
- Minor Children: If the deceased is not survived by a spouse, but has minor children, the legal guardian of the children is entitled to bring the wrongful death claim on the minor children’s behalf.
- Surviving Adult Children: If the deceased has no surviving spouse, and no surviving minor children, an adult child is next in line to file the wrongful death claim.Surviving Parents: If thereis no surviving spouse, minor children, or adult children, the deceased’s parents are entitled to bring the wrongful death action.
- Personal Representative: In any wrongful death lawsuit, the estate’s personal representative or administrator will assert claims on behalf of the estate which seeks damages for medical expenses, lost income and pain and suffering.
Typically, other relatives such as step-siblings, half-siblings, aunts, uncles, cousins, or grandparents do not have the standing to file a wrongful death claim unless they have been officially appointed as the estate administrator.
In cases where the deceased left a will, the will designates the personal representative of the estate. If no will exists, the estate is considered intestate and a probate judge will appoint an administrator according to Georgia’s intestacy laws.
A wrongful death claim will involve complex legal issues, from liability, causation and damages. Our committed and knowledgeable team at Davies Hothem Injury law is here to support you throughout this challenging process and advocate for the justice your family deserves.
Damages in Georgia Wrongful Death Claims
Georgia’s wrongful death statutes are outlined in OCGA § 51-4-1 through 51-4-5. There are twoclaims for wrongful death damages:
- Full Value of Life Claim: This claim seeks to recover the full value of the deceased’s life, which is determined by the jury. While there is no number that will adequately represent the value of a person’s life, the full value of a person’s life is usually presented through the family’s testimony regarding the deceased’s loss of enjoyment of life and companionship with family members.
- Estate Claim: According to OCGA § 53-2-1, the Estate claim seeks compensation for damages related to the deceased’s final days. This includes pain and suffering endured before death, which may last hours or days. It also includes damages for medical expenses, funeral expenses and future lost income. Punitive damages may be awarded to punish and deter the Defendant from engaging in similar future acts of willful and wanton behavior.
Our team of attorneys at Davies Hothem Injury Law have decades of experience obtaining superior results and compensation for wrongful death damages.
Timeline of a Georgia Wrongful Death Claim
The timeline of a typical Georgia wrongful death claim varbased on the complexity, number of parties involved and extent of the damages. However, a general timeline might look like this:
Initial Consultation and Case Evaluation:
- The process begins with a consultation between the surviving family members and team of wrongful death lawyers at Davies Hothem Injury Law. During this meeting, will gather initial information and discuss potential legal avenues for liability.
Investigation and Gathering Evidence:
- We will conduct a thorough investigation, gatherevidence, interviewwitnesses and consultexperts if necessary. This stage usually involves site investigations and evidence inspections. In addition, many documents will be obtained, including medical records / autopsy results, incident / accident reports and results of any government or agency investigation.
Filing the Lawsuit:
- Once the investigation is complete and available evidence is preserved, we will draft a Complaint for Wrongful Death and file the lawsuit in the appropriate court. The Complaint is a legal document that outlines the claim of liability and the damages sought. Once filed, each Defendant must be served with a copy of the Complaint and Summons issued by the Clerk of Court for the jurisdiction in which the case is filed. Once served, the Defendants have a deadline to file their Answer, which is typically 30 days.
Discovery Phase:
- During the discovery phase, all parties exchange evidence and requests for certain information. This involves written discovery, such as Request for Interrogatories and Requests for Production of Documents, as well as the taking of depositions. Depositions are conducted outside of court and prior to trial. During depositions, parties and witnesses give testimony under oath prior to the time of trial. The goal is to gather all relevant facts, dismantle defenses and prepare the case for trial in the event a settlement is not reached. At Davies Hothem Injury Law, our team of skilled trial attorneys prepare every case as if it is going to trial. This fierce and fearless representation is critical to maximizing recovery and gives the family a superior seat at the table when negotiating a potential settlement.
Settlement Negotiations:
- Many wrongful death claims are resolved through settlement negotiationsoutside of court. Settlement agreements are often reached through a process called mediation. At mediation, the parties will meet with a neutral third party to see if an agreement can be reached.
Motions and Hearings:
- If a settlement cannot be reached, the case will proceed toward trial. There may be numerous motions and hearings at this stage to narrow the issues for trial. A common motion seen at the close of discovery is a Motion for Summary Judgment. Motions for Summary Judgment are dispositive of the case and seek to have the Court (rather than the jury) decide the case as a matter of law. If granted, the Court could dismiss all or part of the Plaintiff’s claims, leaving the family with no recovery. At Davies Hothem Injury Law, we fiercely litigate our cases so there is no potential for dismissal of the Plaintiff’s wrongful death claim. Other motions at this stage include motions to exclude or limit expert opinions. These are legal procedures to address any issues before the trial begins, such as disputes over evidence or legal arguments.
Trial:
- If the case goes to trial, it will be presented before a jury. In some circumstances, the case may be tried before a judge, rather than a jury. Either way, the trial requires the skillful presentation of evidence and witness testimony to prove liability, dismantle defenses, and secure a superior verdict for the family.
Post-Trial Motions and Appeal:
- After the trial, there may be post-trial motions. A common motion at this stage is one for attorney’s fees, where the Plaintiff seeks compensation for their attorney’s fees for stubborn litigiousness or statutory grounds. Similarly, the Defendant may challenge the verdict by filing an appeal based on an alleged error that occurred during the trial. Appeals delay justice for the family. At Davies Hothem Injury Law, our team of skilled trial attorneys work tirelessly to avoid any grounds for error that would justify an appeal and delay justice for the family.
Settlement or Judgment:
- Once a settlement is reached or a judgment obtained, the final step involves disbursement of the proceeds to the legal beneficiaries. There are complex rules with respect to disbursement of funds to minors.
Overall, a typical wrongful death claim in Georgia can take anywhere from several months to a few years to resolve, depending on the specific circumstances and complexities of the case.
Statute of Limitations for Filing
In Georgia, the statute of limitations for filing a wrongful death lawsuit is governed by O.C.G.A. § 9-3-33. This law sets the time limit for initiating legal action following a wrongful death. Generally, the statute of limitations is two years from the date of the deceased person’s death. This means that the surviving family members or the estate representative must file the wrongful death claim within these two years to preserve their right to seek compensation.
Potential plaintiffs must be aware of this time constraint because missing the deadline can result in the dismissal of the claim. Once the statute of limitations expires, the court will likely bar any further legal action related to that wrongful death, regardless of the merits of the case or the circumstances surrounding the death.
Certain situations can affect the statute of limitations. For example, if the wrongful death resulted from medical malpractice, the time limit might differ. Georgia law requires that claims for medical malpractice be filed within two years from the date the alleged malpractice occurred or from when it was discovered, but in no case later than five years from the date of the alleged malpractice.
Also, special rules and shorter time limits might apply in cases involving wrongful death claims against government entities or their employees. For instance, notice of a claim must often be given within six months to a year before filing a lawsuit.
Given the complexities of wrongful death claims and the strict adherence to filing deadlines, surviving family members need to consult with an experienced wrongful death attorney at Davies Hothem Injury Law as soon as possible. An attorney can provide guidance on the specific deadlines applicable to the case and help ensure that all legal requirements are met.
Do You Need a Gainesville, Georgia Wrongful Death Lawyer?
At Davies Hothem Injury Law, we understand the profound impact that the loss of a loved one can have on your life. Our dedicated team is committed to providing compassionate support and skilled legal representation to help you navigate the complexities of a wrongful death claim.
We work tirelessly to ensure that those responsible are held accountable and that you receive the justice and compensation you deserve during this difficult time.
If you are grieving the loss of a loved one and believe there is a claim for wrongful death, contact Davies Hothem Injury Law at (678) 780-7817 to schedule a consultation and discuss the case with an experienced attorney.