Georgia Death Lawsuit

Long ago, courts decided that if someone was killed as a result of the negligence of another person, the victim’s family was ineligible to file a lawsuit against the responsible party. Eventually, the legal system saw that this placed an unfair burden on the victim’s spouse and dependants, and the survivors were eligible to recover damages for their loss. This was the beginning of “tort law.”

A “tort” is an act of wrongdoing, such as negligence, that leads to the injuries and/or death of another person. Tort law is a form of civil rather than criminal law. Therefore, if a person is killed because of the action or inaction of another person, the family may file a wrongful death lawsuit in civil court in order to recover damages for their loss. These damages may include medical and funeral expenses, mental anguish, loss of potential earnings, and loss of companionship. Punitive damages may also be awarded.

When a person is a victim of wrongful death resulting from an accident, defective products, medical malpractice, or other injuries, a wrongful death suit may be filed.

The burden of evidence is much different in a civil case than a criminal case, which is why someone who is acquitted in a criminal trial may be found guilty in civil court. In a criminal case, the prosecution must prove beyond a shadow of a doubt that the defendant was responsible for the crime. However, in a civil case, the plaintiff must show the preponderance of evidence—that is, whether it is more likely than not that the defendant played a role in the wrongful death.

Georgia’s statute of limitations state that a wrongful death lawsuit must be filed within two years; therefore, you should hire an attorney as soon as possible in order to prepare your case and ensure all deadlines are met.

The wrongful death attorneys at Georgia law firm Head, Thomas, Webb and Willis have 150 of collective experience in filing wrongful death lawsuits. We operate on a contingency fee basis—this means that we do not get paid unless our clients recover damages.

To learn more about filing a Georgia wrongful death lawsuit, please contact our firm today for a consultation.