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How to File a Wrongful Death Claim in Georgia?

Filing a wrongful death claim in Georgia is complex and needs an experienced wrongful death lawyer. You should prove that someone's actions caused your loved one's death. A wrongful death attorney can help you with this process by advising on potential wrongful death damages and steps to take.

Georgia wrongful death statutes recognize two types of wrongful death law claims: negligent and intentional. Filing with insurance companies requires evidence gathering and paperwork completion. Wrongful death settlements are a lengthy process requiring patience and persistence from the claimant.

A qualified wrongful death attorney from Marks Law Group can assist with navigating your wrongful death claim. Call today at 678-251-9309 to schedule your free consultation.

When to File a Wrongful Death Claim in Georgia?

When it comes to filing a wrongful death claim in Georgia, timing is of the utmost importance. According to the Georgia Wrongful Death Act, a wrongful death civil lawsuit claim must be filed within two years of the date of death or one year from the date that all causes of action are discovered (whichever is later).

If you fail to file your claim before this deadline passes, your claim will likely be dismissed. Therefore, it is important to contact an experienced attorney as soon as possible so that you can take all the necessary steps to file a wrongful death claim promptly.

a wrongful death claim on a desk next to a book and a stethoscope

Wrongful death claims can bring closure and justice to those suffering from the loss of a loved one due to the negligent party's negligence or intentional actions. If you or someone you love has lost a loved one, contact Marks Law Group today to discuss your legal options.

Filing a wrongful death claim in Georgia is a complicated process, and you must take the time to understand the legal actions you need to take. In Georgia, section 51-4-2 of the Official Code of Georgia Annotated (O.C.G.A.) outlines who can bring a wrongful death action and how it should proceed.

First, the personal representative of the deceased must bring the wrongful death recovery action. The personal representative is typically the executor or administrator of the estate, although there can be other parties who are eligible to bring such an action, such as minor children, adult children, parents of a deceased child, or dependents of the deceased.

Second, a wrongful death claim may only be brought against those whose negligence caused or contributed to the death. This includes individuals, companies, owners of a defective product, and other entities.

Third, any damages recovered from a wrongful death claim are distributed to the heirs of the deceased by Georgia’s intestacy laws. These are laws that govern who is eligible to receive compensation when a person dies without a will.

Finally, claimants must also prove certain elements of their case for it to be successful. In Georgia, claimants must prove that the death of their loved one was caused by the reckless, negligent, or intentional actions of another person or entity.

Survival Actions under Georgia Law

Survival actions are a type of claim available to the family of a deceased person in wrongful death cases in Georgia. These claims allow the estate of the deceased person to receive compensation for losses that they suffered due to their loved one’s passing.

a wrongful death claim next to a gavel

A survival action is designed to compensate the family for damages such as medical expenses, funeral expenses, medical costs, mental anguish, burial expenses financial losses, loss of consortium, lost wages, and conscious pain and suffering endured by the deceased before their death.

Enlightened Conscience Provision Under Georgia Law

Under Georgia law, an enlightened conscience provision exists to allow claimants to file a wrongful death claim in certain circumstances even after the statute of limitations has expired on the original claim.

This provision applies when the deceased's family can prove that they were unaware of their right to file a wrongful death claim until after the time limit for filing had passed. To be successful, claimants must demonstrate that they were “reasonably diligent” in pursuing their claim and that the defendant should have reasonably expected them to bring legal action.

Filing a wrongful death claim in Georgia is a complicated process and should only be done with the assistance of an experienced attorney. The attorneys at Marks Law Group are ready to fight for you and your family to ensure that justice is served. 

Who Can File a Wrongful Death Claim in Georgia?

In Georgia, specific individuals or entities have the option to file a claim for wrongful death. In the event of a person's death, their surviving spouse, children, and/or parents may have the opportunity to file a legal claim.

In certain situations, additional dependents such as stepparents, stepchildren, and siblings may have the ability to file a claim if they received financial or emotional support from the deceased individual.

wrongful death written on a clipboard next to a stethoscope

The designated personal representative possesses the legal power to initiate a wrongful death lawsuit for the benefit of the family members of the deceased individual.

Statute of Limitations

When a wrongful death occurs, wrongful death claimants have two years from the time of death to file a wrongful death compensation lawsuit against the responsible party. This wrongful death litigation time frame is dictated by the statute of limitations and is in place as a way to ensure that litigation should begin as soon as possible to protect the rights of survivors.

In cases of wrongful death, this period allows loved ones time to seek proper legal counsel and allows lawyers to meticulously build a case against the defendant. With wrongful deaths, situations are often urgent and parties must act quickly to secure justice for the deceased.

Related Content: Is vehicular manslaughter considered wrongful death in Decatur, Georgia?

The statute of limitations is why finding suitable legal counsel quickly is essential. If any part of the process is delayed, it could mean that surviving family members cannot bring their case or receive compensation for their loss due to the expiration of this particular law.

Whether it be medical malpractice, nursing home abuse, a motorcycle accident, negligent conduct, a drunk driving death, bicycle accidents, truck accidents, unexpected accidents, workplace accidents, or product liability-once two years have passed there is no other option but closure if there isn't evidence presented beforehand.

Therefore, seeking your rights within two years must be done so people affected can obtain the proper justice they deserve and hold the at-fault party responsible and accountable for their actions which lead up to an untimely passing of life.

Types of Damages Recoverable in a Wrongful Death Claim

In Georgia, wrongful death matters are the civil suit that is brought forth by the family members or the estate of the deceased individual. It seeks to recover damages from the person or party at fault that caused the tragic death of their loved one through negligence or intent. The punitive damages awarded in a wrongful death claim can be used to compensate for lost wages, financial compensation to aid financial recovery, loss of companionship and guidance, medical expenses incurred before death, personal expenses, pocket expenses, burial costs, and funeral costs, pain and suffering, and other damages.

a wrongful death claim next to a gavel, glasses, and a pen

Wrongful death claims can be extremely complicated and emotionally draining for the parties involved. It is important to contact an experienced personal injury law firm as soon as possible to ensure that your rights are protected and that the responsible party is held accountable. The Marks Law Group personal injury lawyers have extensive experience handling wrongful death personal injury claim cases in Georgia, so please contact us today for a free consultation.

Working with an Attorney to File a Wrongful Death Claim in Georgia

If someone you love has died due to someone else's negligence or wrongful act, you may have the right to compensation through a wrongful death claim. Filing a claim in Georgia during this difficult time can be complicated and emotionally difficult, so it's important to work with an experienced attorney.

Marks Law Group has a legal team of attorneys who are skilled in wrongful death and personal injury claims and have extensive experience in handling such cases. They understand the difficulties of coping with the loss of a loved one and are committed to ensuring that your case is handled efficiently. It is recommended to contact an experienced lawyer who can review your case and help you gather evidence to support your claim.

To receive compensation for the loss of your loved one, contact Marks Law Group today.

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