Any death of a loved one is a traumatic and life-altering event. When negligence or fault is involved, it can only add to the pain and overwhelm many individuals and families. We will cover the state law’s definition and explain how a wrongful death attorney in Georgia can help claim rightful compensation.
It’s a difficult process, with many aspects dependent on circumstances. This article covers what constitutes wrongful death, who can file a suit, and when and what type of compensation is involved.
Understanding Wrongful Death in Georgia
In Georgia, wrongful death is defined in the law O.C.G.A § 51-4, in which:
(1) “Full value of the life of the decedent, as shown by the evidence” means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.
(2) “Homicide” includes all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property that has been defectively manufactured, whether or not as the result of negligence.
Plainly put, a wrongful death occurs when someone’s negligent, reckless, or intentional act leads to the death of another person. This can include a wide range of situations, such as medical malpractice, car accidents, workplace incidents, or defective product cases. The key factor is that the death must have been preventable if not for the actions (or inactions) of another party. Let’s look at three typical situations for clarity:
Reckless Driving
Example: A driver in Atlanta runs a red light at high speed, causing a fatal accident.
Explanation: Drivers have a duty of care to operate their vehicles responsibly and follow traffic laws. When a driver acts recklessly, like speeding, driving under the influence, or ignoring traffic signals, they violate this duty. If this reckless behavior results in a fatal crash, it can form the basis of a wrongful death claim. Reckless driving is a leading cause of wrongful death cases, as the injuries from such accidents can often be severe or fatal. A wrongful death attorney in Atlanta, Ga, would seek to establish who was at fault and make a claim for financial compensation for the victim’s family or estate.
Medical Malpractice
Example: A surgeon fails to follow proper sterilization procedures, leading to a fatal infection in a patient post-surgery.
Explanation: Medical professionals have a heightened duty of care due to the life-and-death nature of their work. When they deviate from standard medical practices, such as failing to diagnose a condition, making surgical errors, or not properly informing a patient about risks, this may constitute medical negligence. Medical malpractice wrongful death claims can be challenging, as they often require expert testimony to prove that a healthcare provider’s negligence was the direct cause of the patient’s death.
Fatal Assault
Scenario: During an altercation at a bar, one individual punches another with significant force, causing the person to fall, hit their head, and suffer fatal injuries.
Explanation: This scenario involves intentional harm, as the attacker meant to physically assault the victim. Even if the intent wasn’t to cause death, the deliberate act of violence led to fatal consequences. In cases like these, the victim’s family can file a wrongful death lawsuit against the attacker. Here, the wrongful death claim is separate from any criminal charges the attacker might face (e.g., manslaughter or homicide), as the civil claim seeks financial compensation rather than criminal punishment.
Compensation in Wrongful Death Cases
We can also note that the law states “full value of the life” regarding compensation. The definition of “full value” can seem abstract when determining a life’s worth, but in Georgia, there is no set amount or formula for working this out.
Instead, a wrongful death attorney would conduct a thorough investigation, working with financial experts, medical representatives, relative vocational specialists, and more. When establishing the exact figure, a claim would be made for the family under two types of damages, which are divided into tangible and intangible losses:
- Wages and Benefits: The tangible part of the claim covers the financial losses the family experiences due to the person’s death, including their current income and future earning potential. Essentially, it represents what the deceased would have likely earned if they had lived and continued working.
- Loss of Companionship: Beyond financial contributions, this intangible category considers the emotional and relational value the deceased brought to their family. It includes things like the love, companionship, and guidance they provided, acknowledging the irreplaceable role the deceased played in their family’s lives.
Who Can Claim Wrongful Death Compensation?
When filing a wrongful death suit, O.C.G.A § 51-4-2 sets out who can claim compensation. The law outlines that immediate family members, or in some cases, a representative of the deceased person’s estate, can seek compensation. Someone such as an uncle or step-parent is unlikely to bring forth the claim unless a last will and testament establish an estate representative.
The law ensures that only those closest to the deceased or legally designated representatives have the standing to seek justice and financial compensation for their loss. The most likely parties in such cases will be:
- A spouse
- Adult children
- Parent
- Personal representative of the estate.
This helps ensure that the compensation reaches those who were closest to the deceased, addressing their financial and emotional losses from the wrongful death.
How Long Does Someone Have to File for Wrongful Death in Georgia?
In Georgia, you have two years from the day of death to file for wrongful death. Although this might seem like a lengthy period, it’s advisable to begin the procedure as soon as possible, as it can be a very complex task. There is a lot of evidence to gather, large amounts of possible damage to receive compensation for, and possible trials that could take a substantial amount of time.
There is no period within those two years you have to wait either. That is to say, in most cases, someone can start seeking out an attorney immediately if they feel negligence or recklessness was at play in their loved one’s death, which is highly recommended.
There are certain cases in which a suit can be brought forward after the two-year statute of limitations. These circumstances include:
- Criminal Charges: If there are criminal charges related to the death, the statute of limitations may be paused (“tolled”) until the criminal case is resolved. The plaintiff then has two years from the end of the criminal proceedings to file the wrongful death claim.
- Underage Plaintiff: If the person eligible to file the claim is under 18 at the time of the death, they have until age 20 (two years after turning 18) to initiate the lawsuit.
- Unrepresented Estate: If either party dies and their estate is unrepresented (no executor or administrator), the statute of limitations may be tolled for up to five years.
- Claims Against County Government: Wrongful death claims against a county require notice within 12 months, with a two-year filing limit. Minors have 12 months after turning 18 to file.
- Claims Against City Government: A claim notice must be filed within six months of death, though the lawsuit itself has a two-year deadline.
- Claims Against State Government: Notice must be given within 12 months to the Risk Management Division, certified in writing. An attorney can help ensure proper filing.
- Defendant Leaves Georgia: If the defendant leaves the state, the time of absence isn’t counted in their favor, effectively tolling the statute until their return.
If your situation falls under special or unusual circumstances a highly experienced wrongful death attorney in Atlanta, GA from our team can start guiding you with a complimentary case review.
Criminal vs. Civil Proceedings
In Georgia, wrongful death cases involve two distinct types of legal action: criminal charges and civil wrongful death lawsuits.
Criminal charges are initiated by the state to punish the wrongdoer for illegal actions, potentially leading to imprisonment, fines, or probation.
In contrast, a civil wrongful death lawsuit, such as those handled by The McGarity Group, is brought by the deceased’s family or estate. This civil suit focuses on obtaining financial compensation for the survivors, covering costs like medical bills, funeral expenses, lost income, and emotional suffering rather than seeking punishment.
The Importance of Legal Representation with The McGarity Group
Navigating a wrongful death claim is a challenging process, and The McGarity Group is committed to providing the legal support needed during such a difficult time. With real experience in gathering evidence, assessing damages, and managing all aspects of the case, our attorneys ensure that families receive thorough representation. Beyond legal advocacy, The McGarity Group offers emotional support and compassionate guidance, helping families move forward with confidence and peace of mind.
Resources
Ga. Code § 51-4-1 — https://casetext.com/statute/code-of-georgia/title-51-torts/chapter-4-wrongful-death/section-51-4-1-definitions
Persons entitled to bring an action for the wrongful death of a spouse or parent — https://law.justia.com/codes/georgia/2010/title-51/chapter-4/51-4-2/