What Families Need to Know About Seeking Wrongful Death Compensation
Personal injury matters sometimes involve the untimely passing of a spouse, child, or parent, and that can leave families unsure of how to seek compensation. Georgia families grappling with the loss of a loved one often want answers about their legal options.
Located in Macon, Georgia, The Law Office of George O. Haskell, IV understands how devastating these losses are and works hard to address questions tied to wrongful death claims. We proudly serve clients throughout Milledgeville Houston County, Warner Robins, Monticello, and Forsyth, Georgia.
We have a clear track record of helping our clients better understand intricate legal matters with compassionate guidance and years of skill and education under our belts. The following information highlights key points about these claims and ways families can move forward.
Basics of Wrongful Death Laws in Georgia
Many people are unfamiliar with how wrongful death claims fit into Georgia law. These claims generally arise when a loved one’s passing is caused by another person or entity’s actions. That can include negligent behavior, reckless conduct, or an intentional act.
Whether the tragic event stemmed from a car accident or a medical procedure, the family has the right to request financial recovery.
Wrongful death claims often involve:
Car collisions that resulted in fatal injuries: These sometimes involve drunk driving, distracted driving, or poor vehicle maintenance.
Workplace incidents that led to a death: These might include industrial accidents or exposure to harmful substances.
Unsafe property conditions with fatal outcomes: This covers situations where landowners didn’t fix or warn about hazards on their premises.
Faulty products that caused a loved one’s passing: Defective machinery or consumer goods sometimes trigger these tragedies.
Some families wonder if wrongful death claims differ from standard personal injury cases. They do, because the injured party is no longer alive to bring the claim. Instead, surviving relatives have an opportunity to pursue it. This unique procedure is designed to address the financial and emotional damage suffered when a loved one has been lost because of wrongdoing.
Eligibility Information
When families begin to focus on wrongful death claims, it’s helpful to know who can file and how quickly they must act. Georgia law generally places the right to initiate a claim in the hands of the following individuals, in order of priority:
Surviving spouse: This spouse typically files on behalf of themselves and any minor children.
Surviving children: If there’s no spouse, adult children can often bring the claim.
Surviving parent(s): In cases where there’s no spouse or child, parents might file.
Executor of the estate: If none of the above apply, the estate’s executor may start proceedings on behalf of heirs.
Time Limits for Filing
Once families identify the rightful party, they have to file the claim within the period set by Georgia law. The state’s statute of limitations for most wrongful death claims is usually two years from the date of passing. Some exceptions exist, such as when criminal activity is involved, or if the deceased’s estate isn’t probated immediately.
It’s still vital to act as soon as possible because it’s harder to gather evidence or track down witnesses when much time has passed. Time limits can create significant pressure for grieving relatives. Even so, filing within the deadline is the only way to keep a valid claim.
Families that miss this window typically lose the chance to seek compensation for their loss. That’s why many begin exploring their legal rights shortly after the funeral or memorial services have concluded, though that period is often challenging on many levels.
Steps That Can Strengthen a Claim
Pursuing wrongful death claims in Georgia can feel complicated, but certain steps may help families strengthen their position. While each claim is different, taking time to address crucial details from the start can prevent unnecessary hurdles.
Collect official reports: If a car accident caused the loved one’s death, families should secure the law enforcement report. Medical records or inspection reports can also be powerful forms of evidence.
Preserve photographs and videos: Pictures or video footage from the scene of an accident can show what truly happened. Images of injuries, property damage, or faulty equipment are valuable.
Locate eyewitnesses: Individuals who witnessed the final incident might be called to give statements, so writing down names and contact info can be vital.
Document expenses: Families should keep track of medical bills, funeral costs, and any other costs linked to the death, such as counseling expenses.
Why Legal Support Is Essential
These efforts link smoothly to the work done when a family consults a personal injury lawyer, since wrongful death claims mirror some procedures found in other injury cases. After crucial records are gathered, discussions with insurance adjusters or opposing parties might begin.
Some families lean toward settling with an insurance company when they feel the offer is fair. If it’s not, or if there’s a question about liability, litigation might follow in a Georgia court. During this process, families often benefit from the guidance of a lawyer who has encountered a broad range of wrongful death claims.
Detailed knowledge can help families feel more confident about how to approach evidence collection and settlement discussions. For instance, if the cause of death was a manufacturing defect in a specific product, that might involve experts who analyze technical data. If it was a trucking accident, knowledge of federal transportation rules can come into play.
Potential Damages Families Might Pursue
Families who file wrongful death claims can request different types of monetary recovery. Some revolve around the financial support that the deceased would’ve provided if they had survived. Others address the emotional trauma tied to a tragic loss. Georgia law commonly recognizes the following damages:
Economic losses: This includes the value of services the deceased would have contributed, such as income and household duties.
Medical bills: These are costs the deceased accumulated from treatment prior to passing.
Funeral and burial expenses: The immediate financial burden linked to a memorial service or burial.
Non-economic impact: This covers the intangible harm family members experience, like the loss of companionship and care.
Factoring Financial Hardships
When deciding how much money to request, families often weigh current financial hardships and future challenges. For example, a child might lose parental guidance that would’ve shaped their academic path, while a spouse might lose a steady source of income that sustained their household.
For that reason, it’s important to account for both immediate and long-term needs when calculating a settlement figure. In some cases, the circumstances surrounding a loved one’s death are especially concerning. This might open the door for additional damages.
These are sometimes requested to express society’s disapproval of harmful behavior or severe misconduct. While punitive sums aren’t always guaranteed, families whose relatives died under especially shocking conditions might include this request in their claim.
Contact The Law Office Of George O. Haskell, IV Today
Loved ones left behind often find it difficult to address wrongful death claims on their own. The Law Office of George O. Haskell, IV is based in Macon, Georgia and focuses on helping families pursue fair legal solutions after accidents. Our firm serves Milledgeville Houston County, Warner Robins, Monticello, and Forsyth, Georgia. Reach out to our personal injury attorney today for experienced legal support.