A Sudden Loss of a Loved One Can Be Emotionally and Financially Draining

Losing a loved one is difficult and it can be even worse if their death is preventable. When a loved one dies in an accident, your grief can quickly turn to anger if negligence causes their death. This can make navigating the healing process after the death of a loved one almost impossible. 

Instead of going through the various stages of grief, you’re worrying about how to cover things like funeral and burial expenses. You’re struggling to cover the unexpected costs and don’t have time to focus on recovering from your loss. However, if you can prove negligence, you may be able to file a wrongful death claim after a fatal accident.

What is a Wrongful Death Claim?

If you lose a loved one in an accident caused by someone’s negligence, recklessness, or criminal actions, you may be able to file a claim to recover financial compensation. Your claim is against the at-fault driver’s insurance provider.

Sometimes, the claim turns into a wrongful death lawsuit and this is filed in civil court. Most wrongful death claims are settled out of court before turning into a lawsuit. However, if you can’t reach an agreement with the insurance provider or gross negligence caused the accident, you’ll probably move to file a lawsuit. 

With a lawsuit, the judge or jury decides if you should receive compensation for your loss. The court is also responsible for handing out punitive damage awards that may be appropriate in cases involving gross negligence.

Gross negligence occurs when the at-fault party’s actions either willfully or recklessly take the life of another person. An example of gross negligence can be driving an 18-wheeler while intoxicated or deciding to race another driver on a busy street. If an accident resulting in fatalities occurs in either scenario, gross negligence often applies.

Your claim must also meet the Georgia wrongful death statute guidelines. These are guidelines dictating when a wrongful death claim is applicable in an accident involving a fatality. Some types of accidents that fall under the statute include:

• Car accident deaths
• Bicyclist and pedestrian deaths
• Medical malpractice
• Dog attacks
• Fire

Some crime-related deaths can also be covered by the statute. To learn more about the types of accidents covered under the Peach State’s wrongful death statute, it’s a good idea to talk to an experienced personal injury attorney.

Who’s Eligible to File a Wrongful Death Claim?

Sometimes it doesn’t matter how close you were to the deceased, it may not mean you can file a wrongful death claim. Georgia, like most states, has strict rules governing who can bring a wrongful death claim.

The surviving spouse is eligible, along with the deceased children. If the deceased isn’t married and doesn’t have children, their parents or siblings can often file a wrongful death claim. If the deceased has named an estate executor or one is put in place by the court, this individual can file a claim on behalf of the estate.

Something to note is only one family member can file a wrongful death claim. So, if the decedent’s spouse files a claim, their surviving child or parents can’t do the same.

Pay Attention to the Statute of Limitations

Your grief over the loss of a loved one can be debilitating. The last thing you want to think about is meeting with an attorney. While it’s understandable you need time to grieve, the clock’s also ticking on the time you have to file a wrongful death claim.

The statute of limitations in Georgia is two years from either the date of the accident or your loved one’s death. How can the dates vary? If your loved one doesn’t pass away immediately from their injuries, the statute of limitations doesn’t kick in. Even though you have two years in Georgia, it’s not necessarily the same in other states. You may only have a single year to file a wrongful death claim.

The timeline may be even shorter if you’re filing a wrongful death claim against a government entity. Sometimes, you only have as little as six months to start the claim process.

If you’re wondering about exceptions to the rule, this isn’t something you want to count on. Minors may be able to temporarily pause the statute until they turn 18. If the defendant can’t be located, the statute may also be paused. The defendant must be served with a letter of intent for your claim to move forward. 

However, sometimes this requirement can be waived by the court. Every wrongful death claim is unique and what applies to one may not work for yours.

Potential Recoverable Damages

Most wrongful death claims include both economic and non-economic damages but remember every case is different. Your economic damages typically include things like medical expenses and funeral costs.

If the deceased is the primary earner in the family, economic damages can include a loss of financial support. You may also be able to list a loss of economic benefits like insurance and even your estimated inheritance.

Your wrongful death claim may even list non-economic damages like emotional distress and a loss of companionship. The surviving spouse may even be able to claim a loss of consortium. Working with an attorney can make it a little easier to list and calculate your damages.

How Is Compensation Awarded?

After settling your wrongful death claim, it’s time to think about how the compensation is awarded. Every state is a little different, but if the claim is filed in Georgia compensation is first dispersed to the surviving spouse. 

If the deceased is survived by children and or grandchildren, compensation is divided. The spouse typically receives half and the rest goes to the children and grandchildren. If the spouse is also deceased, compensation is divided between the surviving children and grandchildren.

Don’t Go Through a Georgia Wrongful Death Claim Alone

Trying to navigate a wrongful death claim can be complicated and you’re already dealing with your loss. Talk to a wrongful death attorney about your claim and let them handle the legal process so you can focus on recovering from your sudden loss.