Georgia Wrongful Death Claims

Experiencing the loss of a loved one is devastating. If you have recently lost a family member because of the actions of another party, you may be entitled to hold that party financially and legally responsible through a civil lawsuit. According to Georgia’s wrongful death statutes, a family member can file a wrongful death claim to recover damages for his or her loss if his or her loved one is killed as the result of negligence, malpractice, or recklessness.

When filing a wrongful death claim in Georgia, you may request damages for medical expenses, funeral costs, loss of potential earnings, loss of inheritance, loss of companionship, and mental distress. You may also request punitive damages, which punishes the responsible party for their involvement in your family member’s death.

In Georgia, the statute of limitations for filing a wrongful death suit is two years after the family member’s death. You should consider hiring a wrongful death attorney as soon as possible so he or she has ample time to build a solid case in order to file a wrongful death claim before the statute of limitations expires.

Because a wrongful death claim is filed in civil court rather than criminal, the plaintiff does not have to prove beyond a reasonable doubt that the party was responsible for the wrongful death; rather, the plaintiff must show a preponderance of evidence, meaning that it is more likely than not that the other party was at fault.

Auto accidents, construction accidents, medical malpractice, and defective products are the most common causes of wrongful death. In cases when both the defendant and plaintiff share some degree of fault in the injuries and/or wrongful death, the theory of comparative doctrine can be used to determine the amount of compensation to which the loved one’s family is entitled. For example, if the defendant is 80% at fault for an accident and the deceased was 20% at fault, the amount of damages will be reduced by 20%.

The skilled attorneys at Head, Thomas, Webb and Willis help families across Georgia who have lost a loved one because of the actions of another party. If you believe you have a valid wrongful death claim, please contact us today for a free consultation.