Losing a loved one is never easy. This pain is often made worse if your loved one’s death was the result of negligence or ill intent by another person or entity. Dallas Wrongful Death Lawyers could help you with filing a wrongful death lawsuit, so you can collect monetary damages for your pain and suffering and for the lost income of your loved one.
If you’ve lost a spouse, parent, or loved one due to another person’s negligence in Georgia, you may be able to file a wrongful death lawsuit to recover damages with the help of our Dallas Wrongful Death Lawyers.
Here’s what you should know about Georgia’s laws on wrongful death.
How Does Georgia Define "Wrongful Death"?
In the state of Georgia, wrongful death is defined as follows:
(1) “Full value of the life of the decedent (the individual who passed away), as shown by the evidence” means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.
(2) “Homicide” includes all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property that has been defectively manufactured, whether or not as the result of negligence.
Negligence is generally defined as failing to show reasonable care when there is a duty to do so.
Wrongful death is a civil offense, which means it is distinct from the criminal charges typically associated with murder and manslaughter charges. While wrongful death statutes vary by jurisdiction, wrongful death generally involves the death of an individual as a result of the actions or negligence of the individual charged with the crime. Wrongful death directly addresses the financial impact of the death and attempts to rectify the financial hardship that has been caused as a result of the death.
Wrongful death statutes specifically state that the charge can be brought by members of the deceased individual’s immediate family as well as any financial dependents who relied on the deceased individual. Beyond that, cases have been made in which distant family members and others who suffer financial consequences as a result of the death are also eligible to sue for wrongful death.
In addition to individuals, wrongful death suits can be filed against government agencies or agents, industrial or commercial entities, and even drivers.
Who Can File a Wrongful Death Lawsuit in Dallas, Georgia?
The state of Georgia has specifications about who can file a wrongful death lawsuit.
If you are the surviving spouse of a victim of wrongful death, you may bring a wrongful death suit against the negligent party. If you and the deceased had minor children together, the suit will also represent the interests of those children.
Sometimes, a victim of wrongful death has no spouse. In these cases, the parents of the victim may bring a wrongful death suit against the negligent party.
If there is no spouse or parent, a representative of the deceased’s estate may bring a wrongful death lawsuit to court. In this instance, all damages received from the wrongful death claim would be held by the deceased’s estate.
When Can You File a Wrongful Death Lawsuit in Georgia?
The statute of limitations for filing a wrongful death claim in Georgia is two years after the victim’s date of death.
In some cases, the timer for the two-year limit is paused. For instance, if there is an ongoing criminal case surrounding the wrongful death, the two-year time limit for the wrongful death lawsuit is on hold until the case is completed.
How Dallas Wrongful Death Lawyers Can Help With a Wrongful Death Case
Any time you go to court, having an experienced attorney by your side is a good idea. When dealing with a situation as serious as wrongful death, it is important to utilize the expertise of an attorney to ensure that you and your family get the maximum financial award you are entitled to.
It almost goes without saying that the aftermath of a death is an emotional time. This can make it difficult to think clearly or to take the necessary steps to move forward with a wrongful death case. An attorney can be your rational thinker while you cope with the death of a loved one.