Suddenly losing a family member under any circumstances is a devastating experience. In some situations, their death might have been preventable if not for the negligent actions of an individual or entity. In this tragic situation, pursuing civil litigation may be the best option for addressing the financial losses your family has suffered.
As soon as you are up to it, you should reach out to a compassionate personal injury attorney who has handled sensitive cases involving the death of a loved one. An Athens wrongful death lawyer can review the facts of your potential case and explain all your options for a legal recovery of damages.
What Can Cause Wrongful Death?
Nearly any incident that involves a negligent person or entity causing the lead of a person can lead to a wrongful death claim. Some of the most common are:
- Auto accidents, including from trucks, buses, and motorcycles
- Medical malpractice or nursing home abuse
- Dangerous premises
- Defective products or pharmaceuticals
- Dog bites
- Boat collisions
- Construction accidents
- Criminal conduct
Who Can File a Wrongful Death Claim?
Under Official Code of Georgia § 51-4-2, the right to file suit after a wrongful death belongs first to the decedent’s surviving spouse, and then to any surviving children of the decedent if there is no surviving spouse. In limited situations, a deceased person’s parent(s) may file a claim if the decedent had no spouse or children. If no eligible family members are available, the executor for the decedent’s estate may seek recovery on behalf of the estate and the decedent’s next of kin.
Regardless of who files the claim, O.C.G.A. § 9-3-33 sets a deadline of two years after a deceased person’s date of death for most wrongful death litigation to begin. The start date for this filing period may be delayed until the conclusion of a criminal case related to a wrongful death, if one occurs. The deadline to file may also extend to five years if the decedent’s estate has not yet gone through probate.
Recoverable Damages
The only way Georgia law addresses what damages a person can seek in wrongful death litigation is that a claimant may recover for “the full value of the life of the decedent.” This means it is possible to demand compensation for every economic and non-economic form of harm the surviving loved ones will experience as a result of losing a family member. Depending on the circumstances, damages may include:
- Lost future financial support
- Lost value of future inheritance
- Lost household services
- Lost love, advice, care, and companionship
It is also possible to recover for losses sustained by the decedent’s estate, which generally refers to medical expenses paid by the decedent before they passed away, funeral and burial costs, and any estate administration expenses. An Athens wrongful death attorney can provide more information about which losses might be recoverable in a particular claim.
Learn How an Athens Wrongful Death Attorney Can Help
Working through the legal system might be the last thing you want to do after the death of a loved but it may be necessary if there are bills to pay because of the incident. If the deceased was earning an income, your family needs to be protected.
Schedule a free consultation with an Athens wrongful death lawyer to assist you.
