Understanding Georgia Wrongful Death Laws

Understanding Georgia Wrongful Death Laws

At Davies Hothem Injury Law, we understand that no amount of compensation can replace a loved one. Still, we hold steadfast in your family’s right to demand accountability and compensation for the preventable loss of your loved one.

Navigating the complexities of Georgia’s wrongful death laws can be overwhelming, especially amid unimaginable grief. At Davies Hothem Injury Law, we are committed to helping you understand Georgia’s wrongful death statutes.

If you have experienced the tragic loss of a loved one, this page provides a comprehensive overview of Georgia’s wrongful death laws, including who can file a claim, the types of damages available, and the legal process involved. Our experienced Gainesville and North Georgia wrongful death lawyers are here to guide you through every step, offering fierce yet compassionate support to your family through this unthinkable time.

Georgia’s Wrongful Death Statute

Under Georgia’s Wrongful Death Act, the family claimant(s) eligible to bring a wrongful death claim depends on their relationship with the decedent and other surviving relatives. Each category of potential claimants plays a crucial role in seeking justice and compensation for the loss of a loved one:

Surviving Spouse and no Children: If there is a surviving spouse, and no surviving children, the surviving spouse has the right to file the wrongful death claim.
Surviving Spouse and Minor Children: If there is a surviving spouse and minor children, both are entitled to bring the wrongful death claim. This includes both biological and legally adopted children. The Spouse is entitled to no less than 1/3 of the Estate, regardless of the number of minor children. The interests of the minor children will be represented by their legal guardian and in most instances, a third-party guardian ad litem will also be appointed by the Probate Court.
No Spouse and Minor Children: If there is no surviving spouse, the legal guardian of the decedent’s minor children will bring the claim on their behalf.
No Spouse and No Minor Children: In cases where the deceased had neither spouse nor minor children, such as in the death of a child, the claim can be brought by the parents or legal guardians.

What is a Wrongful Death Claim?

When someone dies due to the negligent acts of another, both the family of the deceased and the Estate are entitled to seek damages for wrongful death. The type of damages sought by the family claimant(s) and the Estate are somewhat different.

Full Value of Life: The family claimant(s) are entitled to seek the full value of the life of the decedent. This is assessed from the deceased’s perspective and is determined by the ‘enlightened conscience of the jury.’ This aspect of wrongful death damages is often the most contentious as there is no true value that can be placed on a loved one’s life. At Davies Hothem Injury Law, our skilled trial attorneys will present the jury with compelling testimony from family and friends regarding the decedent’s life, including the relationships he or she treasured, and the companionship now lost.
Estate Claims: Additionally, the Estate’s representative, determined by either the Last Will and Testament or state intestacy laws is entitled to bring a claim on behalf of the Estate. This representative acts in the interest of all eligible family members and the estate. The Estate claim seeks damages for life saving medical expenses, funeral and burial expenses, and future lost earnings. At Davies Hothem Injury Law, we will present evidence of the decedent’s life expectancy. We will also retain an expert economist to calculate the value of the decedent’s lost earnings, as well as the value of lost fringe benefits from pensions and 401(k)s. Finally, the Estate is entitled compensation for the physical, mental, and emotional pain and suffering experienced by the decedent prior to their death, even if that pain and suffering lasted seconds.

Economic Damages

Economic damages are intended to compensate the family for measurable financial losses resulting from the death, such as lost wages, medical expenses, and funeral costs. Economic damages vary significantly from case to case and are calculated based on expert testimony.

Non-Economic Damages

Non-economic damages refer to the physical, emotional and mental pain and suffering of the decedent prior to his or her death. The amount awarded is determined by the jury and can vary significantly based on the facts of the case and how long the decedent suffered.

Punitive Damages

In wrongful death cases where the Defendant’s actions showed willful misconduct, malice, fraud, or an entire want of care, punitive damages may be awarded. These damages are designed to punish the defendant and deter future misconduct. Except in actions involving product liability, or cases where the Defendant caused harm while under the influence of alcohol or drugs, punitive damages are capped at $250,000.

Timeline for Filing a Wrongful Death Claim in Georgia

In Georgia, the statute of limitations for filing a wrongful death claim is a critical factor to consider. Generally, the law allows for a period of two years from the date of the deceased’s death to initiate a wrongful death lawsuit. This timeframe is designed to ensure that claims are brought promptly, allowing for a fair and efficient legal process. Missing this deadline can result in the forfeiture of the right to pursue legal action, so claimants need to act within this period.

Claims Against Government Entities

If the wrongful death involves a government entity, such as a municipal vehicle, the time limit to file a claim can be significantly shorter than the typical two year statute of limitations. If the death occurred due to the negligent conduct of a federal, state, county, or city government entity, you may have as little as six months to a year to initiate legal action. This specific timeframe is known as the ante litem deadline.

Criminal Cases Impacting Civil Claims

In instances where the death results from a violation of Georgia law, such as a violent crime or traffic infraction, the civil statute of limitations might be paused or “tolled” while the criminal case is ongoing. This tolling applies most commonly in situations involving a motor vehicle collision where there is an underlying prosecution for vehicular homicide due to driving under the influence of alcohol or drugs. Similarly, the statute of limitations in a wrongful death negligent security case may be tolled where there is an ongoing prosecution for murder or aggravated assault resulting in death. The statute of limitations will resume upon the date of final disposition of the underlying criminal case.

Understanding that criminal and civil claims for wrongful death are entirely different is crucial to ensuring that your wrongful death claim is filed in a timely manner and that your legal rights are preserved.

Discuss Your Case With an Experienced Wrongful Death Lawyer

At Davies Hothem Injury Law , we are dedicated to providing compassionate and unwavering advocacy following the loss of a loved one.

If you have lost a loved one due to someone else’s negligence or wrongful conduct, contact us today at (678) 780-7817 to schedule a free consultation and case evaluation with our team of skilled wrongful death attorneys.