The Georgia Wrongful Death Statute

All wrongful deaths that occur in the jurisdiction of the State of Georgia are subjected to specific certain guidelines, which were initially drafted by the State.  You can find these guidelines in the Georgia Code Title 51 – Torts Chapter 4.

What is a wrongful death in Georgia?

The Georgia State Law defines a wrongful death as any death arising from the negligence, recklessness, intentional, or criminal acts.  Negligence here means the failure to apply logical care when the person or entity involved would normally be expected to do so.

Who can file a wrongful death case?

The litigants in a wrongful death lawsuit are determined by following the order of legal relation to the deceased. The first in line is the spouse, and he or she is expected to represent the interests of any minor children. The law permits the surviving spouse to claim a minimum of one-third of the award, irrespective of the number of children.

In instances where the deceased does not have any surviving spouse or children, the next litigant in line is the parent or parents of the deceased. If there are no living immediate family member, then the litigant can be a personal representative of the deceased’s estate.

Where you file the case all depends on your location. Georgia counts 159 counties and 535 municipalities within the state. For example, if you live in Atlanta, your best bet is to speak with a wrongful death attorney in Atlanta about your options. Even within Atlanta, there are multiple counties and an attorney can help you figure out where you need to file the lawsuit. If you were to live in Savannah, a lawyer in that area would be more appropriate. 

One of the most important things to remember if you do choose to go down this path is to find someone with the right experience, someone who has successfully litigated these types of cases before and knows their way around the courtroom in your area. 

What damages can be awarded in a Georgia wrongful death action?

Every wrongful death case in Georgia can only offer one or two different awards.  The first compensation type is the one that reimburses the expenses that are directly associated with the death, including medical care costs, burial, and funeral costs, and the pain and suffering the deceased experienced in the cause of their death.  

The second is based on the estimated monetary value of the life of the victim. Such estimation is carried out by considering the worth of lost wages and benefits, as well as the value of the loss of care, companionship, and similar abstract elements. In the case of lost wages and benefits, the potential future earnings if the person had lived are also considered.   

Some states have legislated the amount of financial compensation that a party can receive for a settlement. Each state is different and an attorney can help you understand any rules and guidelines that you may be interested in understanding before you decide to start a lawsuit. 

Is there a time limit for filing a wrongful death lawsuit?

According to the law of the State of Georgia, a wrongful death lawsuit can only be filed within two years after the date of the demise of the victim.  Some specific conditions may warrant the pausing and restart of this two-year deadline. You can ask your wrongful death attorney Atlanta if the conditions apply in your case.

As you can see in Georgia, time is of the essence if you desire a resolution in the wrongful death of a loved one. Typically, most attorneys will not require any payment for an initial consultation, where you can discuss your situation and get an understanding of where you stand. The value of doing this early in Georgia has been stated, you are on the clock as soon as someone passes away. Additionally, when proving a lawsuit you are going to be using evidence, testimony and the quicker you can get all of this important information documented the better. 

All of the Georgia laws regarding wrongful death are codified by the State and available for you to read yourself. If you are interested in pursuing this action for a loved one, one of the best things you can do is chat with friends who are lawyers. Even if they don't practice this type of law, they can be an invaluable source of information and assistance.