To prove a wrongful death occurred, you must prove the person or entity responsible acted negligently. Surviving family members may pursue a civil case under the wrongful death statutes in Georgia. A wrongful death occurs when the actions or inaction of another directly or indirectly cause the untimely loss of human life. Wrongful deaths can result from …
What Happens After a Wrongful Death Deposition?
What happens after a wrongful death deposition will depend on the specific circumstances of your case. In some cases, the information it contains will strengthen your court case, and you might choose to continue to trial. In other cases, it might help steer your case toward a fair and appropriate financial settlement. Other things that …
Can Siblings Sue for Wrongful Death in Georgia?
Typically, no, siblings cannot sue for wrongful death in Georgia. State law delineates who can pursue a wrongful death lawsuit, and this list does not include siblings. However, because each case is unique, a wrongful death lawyer can advise you on the particulars of your situation. Who Can Sue for Wrongful Death in Georgia? Because …
Is a Wrongful Death Settlement Considered Income?
According to the Internal Revenue Service (IRS), a wrongful death settlement is not considered taxable income. The IRS explains that while all income is taxable, there are certain exceptions provided for benefits awarded in the case of personal injury compensation and wrongful death compensation. However, there may be other factors that affect taxation depending on …
How Does a Wrongful Death Claim Work?
A wrongful death claim allows surviving family members to hold the at-fault party legally accountable in a civil court case. If you lost a loved one due to someone else’s negligent or intentional actions, you might be able to seek damages through a wrongful death claim or lawsuit. Types of Wrongful Death Many different circumstances …
What Is the Average Settlement for a Wrongful Death Lawsuit?
It is impossible to know how much a wrongful death lawsuit is worth without assessing the individual case in detail. Since wrongful death lawsuits take into account the unique circumstances of the decedent, there are no average settlement amounts. In purely economic terms, however, every wrongful death lawsuit does have a certain value or worth, …
What Are the Most Important Things to Know About My Wrongful Death Case?
If your loved one passed away due to an accident and you are now considering legal action, there are some important things to know about your wrongful death case, including who can file a claim and the circumstances that qualify. Most importantly, a wrongful death claim only arises if your loved one died due to …
What Should I Ask a Wrongful Death Lawyer?
What you should ask a wrongful death lawyer may depend on any concerns and questions that you already have. Some questions that you may ask a lawyer before hiring them are: What fee do you charge for your services? What amount of compensation will you seek? How will you defend my rights? There are additional …
Are Wrongful Death Lawsuit Settlements Taxable?
According to the Internal Revenue Service (IRS), some awards provided by a wrongful death lawsuit settlement may be taxable. Specifically, any punitive damages that you or your loved one receives could be subject to taxation. Other awards provided by a wrongful death settlement may not be taxable, however. Compensation that you receive for losses related …
Who Can File a Wrongful Death Claim in Georgia?
According to the Official Code of Georgia Annotated (OCGA) §51-4-2, the surviving spouse, child, or parent of a deceased victim can file a wrongful death claim in Georgia. Wrongful death, a type of civil case in which families can seek financial recovery for the loss of their loved one, can only be filed under certain …
What Is a Wrongful Death Claim?
If your loved one died in a car accident that was the fault of a driver, property owner, doctor, or another party in Atlanta, you could be eligible to file a wrongful death claim. A wrongful death claim is a claim that holds a person or an entity (company or government agency) legally accountable for …
Can a Family Member Sue for a Wrongful Death After a Car Accident?
A family member can sue for a wrongful death after a car accident. In wrongful death lawsuits, the liable party is the person who was responsible for your loved one’s passing. If the lawsuit is successful, one or more parties may pay the surviving family member compensation to help address the many losses resulting from …
Who Pays for a Wrongful Death Lawsuit?
When it comes to a wrongful death claim, the at-fault party would most likely be responsible to pay out damages to those who file a lawsuit. In practice, this means the insurance carrier of the at-fault party or parties pays out a settlement to the plaintiff, which could be a family member or representative of …
Georgia Wrongful Death Statute Of Limitations
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 …