Have You Lost a Loved One to Wrongful Death?
The death of a family member or loved one is perhaps the most tragic and devastating of all personal injuries.
These terrible incidents affect entire families both financially and emotionally, and the effects can be felt long after the event occurs.
When a person loses their life through someone else’s recklessness, negligence, or even a deliberate act, that person’s family may have the right to file a wrongful death lawsuit.
At Underwood Law LLC, our Albany wrongful death attorney has helped many clients seek justice by holding responsible parties accountable for their actions.
What is Wrongful Death?
Whenever a person dies as a result of a crime or other unlawful behavior, the result is a wrongful death, and it can arise from a number of causes.
When a wrongful death occurs in Georgia, the decedent’s surviving family may file a lawsuit against the responsible party or parties in pursuit of compensation.
Wrongful death can occur as a result of:
- Medical malpractice
- Automobile accident
- Work-related death
- Death caused during the commission of a crime
- Product liability
Common Causes of Wrongful Death in Georgia
Some of the most common causes of wrongful death in Georgia include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Workplace accidents
- Slip and falls
- Premises liability
- Defective products
- Physical assaults and homicides
- Medical malpractice
Determining the cause of your loved one’s death is the first step in identifying the at-fault parties and holding them liable for the harm they caused your family.
Who Can Sue in a Wrongful Death Lawsuit in Georgia?
A wrongful death lawsuit can help families receive compensation for these effects. However, Georgia law limits who can file a wrongful death lawsuit and under what circumstances.
According to Georgia’s wrongful death act ( O.C.G.A. § 51-4-2 ):
- The surviving spouse of the decedent receives first priority for filing a wrongful death claim, and they are the only person who can file it.
- If the decedent left surviving children, the spouse must bring the claim on their behalf and share any damages that are awarded. However, regardless of the number of children, the spouse is entitled to receive no less than one-third of the total compensation.
- If the deceased was divorced, then any surviving children may file a claim jointly.
- If the deceased individual does not have a surviving spouse or children, the wrongful death claim may be filed by the surviving parents of the deceased or the designated representative of the deceased’s estate.
- If the estate representative files the claim, all damages will be held in the estate to be properly distributed to the next of kin.
Georgia Wrongful Death Statute of Limitations
Georgia’s statute of limitations places a deadline on how long a deceased person’s family or estate representative has to file a wrongful death claim in court.
In most cases, you only have 2 years from the date of death to commence wrongful death actions in Georgia. If you file a claim after this deadline has expired, the courts will likely refuse to hear your case, and you will likely lose your right to seek legal recourse.
This deadline can sometimes be extended, or legally known as “tolled,” in situations where:
- The deceased person’s estate has not been probated
- There is a pending criminal case related to the same events as the wrongful death case
Since adhering to this statute of limitations can make or break your case, it is crucial to act promptly and retain skilled legal guidance as soon as possible to ensure your family’s rights are protected.
Types of Compensation in Wrongful Death Cases
When a wrongful death occurs, the family is placed under tremendous strain.
Along with funeral costs and any medical costs that were incurred, they are tasked with seeking justice for the responsible party. At Underwood Law LLC, we may be able to help.
During our years of practice, we have helped families obtain the compensation needed for lost lifetime income, burial and funeral expenses, medical expenses, and damages for mental and emotional pain and suffering.
What to Expect in a Georgia Wrongful Death Claim
After your wrongful death lawyer identifies the at-fault party and calculates your family’s damages, they’ll draft a demand letter and send it to the at-fault party, their lawyer, or their insurance company. This letter will initiate settlement negotiations.
If the at-fault party or their insurer refuses to make a fair settlement offer, they can file a wrongful death lawsuit within the allotted time limit. At this stage, the case will enter the discovery phase, where the parties exchange information, and additional negotiations will commence.
Finally, if a settlement cannot be reached, your attorney can take your case to trial to seek compensation for you and your family.
Why Choose an Albany, GA Wrongful Death Lawyer?
Choosing a local attorney can benefit your wrongful death case because they will have a better understanding of the local laws that may apply, an understanding of local court procedures, and experience working with local experts who can support your case with their testimony.
Large firms from out of town may have impressive case numbers, but a hometown lawyer can offer personalized legal representation and compassionate support.
When choosing a wrongful death attorney, you not only want someone with knowledge and experience, but also someone who genuinely cares about helping you and your family.
How Our Albany Wrongful Death Attorneys Can Help
Proving wrongful death can be complicated, and Georgia courts will require specific evidence to find in your favor.
An experienced wrongful death attorney can work with you to investigate the circumstances of your loved one’s death and gather the necessary evidence to support your claim.
Wrongful death lawyers can also help you navigate the legal process, file your claim within the statute of limitations, and represent you in court.
If you have lost a loved one due to someone else’s negligence or wrongful behavior, contact Underwood Law LLC today to schedule a free consultation with our experienced wrongful death lawyers.
Our Georgia wrongful death lawyer will review your case and help you understand your legal options. Call us today.
Wrongful Death Lawsuit FAQs
Below, we’ve provided answers to some of the most frequently asked questions about Georgia wrongful death lawsuits.
How much is my wrongful death lawsuit worth?
The value of a wrongful death lawsuit depends on several key factors, including the at-fault party’s insurance policy limits, personal assets, and liability determinations.
The percentage of the awarded damages or settlement you could receive depends on your relationship to the deceased and the individual losses you suffered due to their death.
Should I settle my wrongful death lawsuit?
Most personal injury lawsuits settle rather than going to trial. However, that doesn’t mean you should accept the insurance company’s first offer. Wrongful death cases are complex and often involve several rounds of negotiations as your wrongful death attorney pushes for fair compensation for you and your family.
How long will a wrongful death lawsuit take?
Wrongful death claims can take several months to a year or more to resolve, depending on the case’s complexity and whether it settles.
Generally, more complex cases, such as those involving multiple at-fault parties, take longer due to liability determinations. Cases also take longer if they go to trial due to the extra preparation required and court calendar constraints.
Are wrongful death lawsuits and survival actions the same thing?
Wrongful death lawsuits and survival actions are related but distinct legal actions. A wrongful death lawsuit seeks compensation for the surviving family members’ losses caused by the death.
A survival action seeks compensation for the losses sustained by the deceased before their death and is brought by their estate.
Contact an Experienced Albany Wrongful Death Lawyer Today
Through our experience and thorough familiarity with Georgia wrongful death law, Underwood Law LLC makes a strong ally in fighting for justice.
While no amount of money can compensate for the death of a family member, we will fight to make sure our clients receive the financial compensation they are due.
Our Georgia wrongful death lawyers believe that justice can provide closure to families that is often more valuable than compensation alone.
Underwood Law LLC is a respected law firm with experienced wrongful death lawyers assisting people throughout South Central Georgia, including Albany, Bibb County, Houston County, Lowndes County, and Dougherty County.
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