The loss of a loved one is one of the most difficult experiences a person can go through. If someone’s death was caused by another party’s negligence or intentional actions, it can be even more devastating. In Georgia, when a person dies due to another’s wrongful act, neglect, or omission, the surviving family members may be able to file a wrongful death lawsuit.
In the state of Georgia, a wrongful death lawsuit can be brought by the personal representative of the deceased person’s estate on behalf of the surviving family members.
Who Can Bring a Wrongful Death Lawsuit in Georgia?
Georgia law gives the surviving spouse the first right to file a wrongful death lawsuit. If there is no surviving spouse, the surviving children of the deceased can bring a lawsuit. If there is no surviving spouse or children, the surviving parents of the deceased can file a lawsuit. If none of these parties are available to file the lawsuit, the administrator or executor of the deceased’s estate may file the lawsuit.
What is the Statute of Limitations for Wrongful Death Lawsuits in Georgia?
In Georgia, the statute of limitations for wrongful death lawsuits is generally two years from the date of the deceased’s death. This means that the lawsuit must be filed within two years of the date of the death, or the right to file the lawsuit may be lost forever. It is important to note that while two years may seem like a long time, it is critical to contact an experienced attorney as soon as possible. Gathering evidence and building a strong case takes time, and waiting too long to file a lawsuit could hurt your chances of recovering damages.
What are the damages under a Wrongful Death Lawsuit in Georgia?
Each state may have different versions of Wrongful Death. In Georgia, the jury will be asked to consider the value of the deceased’s life as viewed by the deceased. It is common for potential client’s to assume Wrongful Death and loss of Consortium are the same. They are not. Loss of Consortium relates to the loss of society, companionship, love, affection, comfort, sexual relations, and aid that you suffer as a result of your married partner’s injuries or death.
Losing a loved one due to someone else’s negligence or intentional actions is a difficult experience that no one should have to go through. However, if this happens, surviving family members may be able to file a wrongful death lawsuit. You must also remember that the statute of limitations for these types of cases is generally two years from the date of the death, and it is important to contact an experienced attorney as soon as possible if you are considering filing a wrongful death lawsuit. If you believe you may have a wrongful death suit against a nursing facility please contact us today for a free consultation.