The wrongful death statute of limitations in Georgia is generally two years, per O.C.G.A. § 9-3-33. Accordingly, in the event of a fatality caused by another party’s negligence, qualifying family members of the deceased may have up to two years to file a wrongful death lawsuit. Waiting longer than this to take legal action could result in the case’s dismissal, so you should contact an Atlanta wrongful death lawyer as soon as possible.
Other Timelines That Could Prove Relevant
There may be circumstances that alter this general deadline and require a plaintiff to act sooner. For example, lawsuits against the government in Georgia have different filing deadlines. This includes:
- Six months for a claim against a city, per C.G.A. § 36-33-5
- One year for a claim against a county, per C.G.A. § 36-11-1
- One year for a claim against a state, per C.G.A. 50-21-26
A law firm that handles wrongful death lawsuits may be able to give you information about what specific deadlines pertain to your case during a free consultation. The statute of limitations is a key piece of your case. Don’t miss your opportunity for justice.
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Wrongful Death FAQs
How Hard Is It to Prove Wrongful Death?
What Happens After a Wrongful Death Deposition?
Can Siblings Sue for Wrongful Death in Georgia?
Is a Wrongful Death Settlement Considered Income?
How Does a Wrongful Death Claim Work?
What Is the Average Settlement for a Wrongful Death Lawsuit?
Understanding Wrongful Death Cases
Wrongful death claims in Georgia are usually filed by a surviving spouse, child, or parent of the deceased.
You Could Recover Wrongful Death Workers’ Compensation Benefits
Depending on how the fatality in question occurred, there may be different ways for qualifying family members of the deceased to seek compensation.
These benefits would be determined using the rules outlined in O.C.G.A. § 34-9-265, which governs workers’ compensation benefits for work-related deaths. In this case, we may use the deceased’s income and certain payout limits to determine how much benefits the deceased’s family may be entitled to.
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Pursuing Compensation for Wrongful Death Caused by Negligence
If the accident resulted from the negligence or recklessness of another party, wrongful death liability rules might apply. For example, in each of the cases below, another person’s negligence could make them responsible for an accidental fatality:
- If a negligent driver causes a fatal car accident in Atlanta, his or her employer, the vehicle owner, or the driver themselves may be at fault for the accident. A road repair team or municipal body may also share some of the blame for the accident if road damage or signage issues caused or contributed to the accident.
- If the actions of negligent healthcare workers such as the staff of a nursing home or a doctor caused the death of a nursing home resident or hospital patient, the worker or the institution that employs them may be liable for the resultant damages.
- Atlanta slip and fall cases that lead to death may involve premises liability rules that recognize property owners or operators as at fault for accidents that occur on a hazardous or poorly maintained property.
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What Is the Average Wrongful Death Settlement?
There is no way of knowing what the average Georgia wrongful death award is. However, our Atlanta personal injury lawyers can create a settlement figure by identifying all your family’s losses.
Every case is unique depending on the circumstances. The wrongful death attorneys at Bader Scott Injury Lawyers strive to give you the respect and compassion you need during this trying time. Once we establish that you have a valid claim, our experienced attorneys will help you decide the best legal option for you and your family
Damages in a Wrongful Death Case
Compensable losses in a wrongful death case in Georgia often cover economic and non-economic damages. Economic damages are financial losses that have a direct monetary value that can be calculated using receipts, paychecks, and other documents.
Economic damages may include:
- Funeral costs
- Burial costs
- Medical bills incurred before the deceased passed away
- Damage to property or a vehicle
- Loss of earnings
- Loss of benefits
Non-economic damages are losses of a more subjective nature and cannot be as easily quantified. Your lawyer will explore the extent of your losses and how they impact you and your family.
Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Loss of companionship
- Loss of guidance
- Loss of consortium
Sometimes the court will assign punitive damages. These are damages meant to dissuade the party responsible for the tragic death from repeating their reckless or intentional actions. Punitive damages are relatively rare, however.
The grieving process after an untimely death is a difficult time in your life. You do not have to go through this alone. Bader Scott Injury Lawyers is ready to stand with you.
What’s Required to File a Wrongful Death Claim
You may be able to file a wrongful death claim with the responsible party’s insurance company. If they do not make you a fair offer that reflects the value of your damages, you can also file a wrongful death lawsuit against them.
You may need to present evidence of the responsible party’s liability to recover compensation. Depending on the nature of the accident that caused your loved one’s death, this may include:
- Photos or videos from the accident scene
- Witness statements
- Medical records
- Testimony from accident reconstruction experts
- Police reports or accident reports
A wrongful death lawyer in your area may be able to handle everything involved with your case when they represent you.
How Our Lawyers Will Support Your Case
Your legal representative can take on all the details of your case while you rest and heal with your family. Our team can help you at this difficult time.
Some of the tasks we can complete for you include:
- Assigning value to your losses
- Interviewing witnesses of your loved one’s accident
- Recruiting accident reconstructionists and expert medical witnesses
- Filing paperwork
- Negotiating with the insurance company
- Standing with you in court, if necessary
- Talking to your loved one’s medical treatment team to understand the nature of their injuries and condition before they passed
- Answering your questions
- Making ourselves available to you
- Protecting your family member’s legal rights
A wrongful death lawyer may also be able to produce evidence of the value of your damages to use in your case.
Consider Retaining a Lawyer
You should be spending time with loved ones right now. You do not need to wrestle with insurance adjusters committed to underpaying your claim. Understanding the legal process is a confusing and overwhelming undertaking, as well. Let our team take on your case for you.
We take on cases like yours every day. Our firm is committed to serving Georgia accident victims and their families. Some of our past cases have resulted in the following awards:
- $400,000 for a workers’ compensation case involving wrongful death
- $1.9 million for product liability due to defective equipment
- $500,000 for workers’ compensation involving amputation
Payment Details Concerning Our Firm
Our firm operates on a contingency fee basis, meaning our clients do not pay us attorney fees unless and until they recover compensation in a court award or settlement offer.
Other firms require their clients to pay hefty fees for each hour of work or to pay for the full cost of representation up front. You will not have to do this when working with us, however.
Bader Scott Injury Lawyers May be Able to Help You
Bader Scott Injury Lawyers handles wrongful death lawsuits in the Atlanta area. As a full-service law firm, we can take over all of the legal work in your case when we represent you.
For a free consultation on your wrongful death case with a member of our team, call Bader Scott Injury Lawyers today. We can go over our services, legal options, and statute of limitations for your wrongful death case during this call.
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