Losing a loved one due to the careless, negligent, or criminal actions of someone else is incredibly difficult to deal with. Family members are often left picking up the pieces, wondering what they can do moving forward. Today, we want to discuss wrongful death cases, particularly, who is able to file a wrongful deal lawsuit in Georgia.
Georgia’s laws cover wrongful death cases and state that, if a person is killed by the wrongful act of another person, company, or entity, then the family members of the deceased have the right to bring a wrongful death claim. They can make a claim for “the full value of the life of the decedent.”
Under Georgia law, only specific persons are allowed to bring a wrongful death claim. This includes:
There are various ways in which wrongful death cases arise in Georgia. Some of the most common revolve around:
For most cases, you must file a Georgia wrongful death claim within two years from the date of a person’s death. In some circumstances, this two-year limit may be extended. If a criminal case related to the events in the wrongful death case is in court, the two-year limit will be extended until the criminal case is concluded.
It is important to note that there does not have to be a criminal case in order for there to be a wrongful death claim. Likewise, if a person is found not guilty in a criminal case, they can still face a civil wrongful death lawsuit.
Person’s bringing a wrongful death claim are entitled to the “full value of the life of the decedent.” This is tough to define, and a jury will be asked to look at the totality of a person’s life value. Both financial losses and intangible losses will be taken into account. This includes evaluating their age, income, potential earning capacity, and more. Intangible components such as a person’s love, daily activities with family, caregiving to their spouse and children, emotional support, and more will also be analyzed.
Other types of damages typically included in a wrongful death settlement include: