In early March, a 54-year-old woman died after her vehicle collided with a tanker truck on GA-400. Officials reported that the truck was “carrying compressed carbon dioxide as well as several carbon dioxide containers.” Both vehicles veered off the road and overturned. The deceased victim was airlifted to a nearby trauma center before succumbing to her injuries.
When someone dies in a car accident caused at little to no fault of their own, their surviving family members have a legal right to pursue compensation by filing a wrongful death claim against the responsible party. This page goes over the legal basics of this kind of lawsuit. If you still have questions, contact Brauns Law Accident Injury Lawyers, PC, to schedule a free, no-obligation consultation with an experienced Georgia wrongful death lawyer.
What Is a Wrongful Death in Georgia?
Wrongful death lawsuits allow surviving family members to seek justice, accountability, and compensation from anyone responsible for the death of a loved one. In Georgia, wrongful death is legally defined as any homicide that is the result of “a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether as the result of negligence.”
More often than not, plaintiffs in a wrongful death lawsuit secure compensation by proving that the at-fault party was negligent, which simply means that they did not take adequate precautions to avoid harming others. Though prosecutors seeking criminal sanctions against an individual responsible for a wrongful death must prove their case beyond a reasonable doubt, plaintiffs in a civil wrongful death lawsuit need only prove their case by a preponderance of the evidence.
Who Can Sue for a Wrongful Death in Georgia?
Under the governing statute in Georgia, only the following individuals have the legal authority to bring a wrongful death action:
- The surviving spouse has the right to bring a claim if the victim was married.
- If the victim was unmarried, any of their surviving children can bring the claim.
- If the victim has no surviving children, their surviving parents can bring the claim.
- In cases with no surviving parents, children, or spouse, the personal representative — also known as the administrator or executor — of the decedent’s estate can bring a claim.
What Damages Can Family Members Recover for a Wrongful Death in Georgia?
In Georgia, eligible plaintiffs in a wrongful death case may recover compensation for “the full value of the life of the decedent.” This value should be measured “from the decedent’s perspective.” Further, under the governing statute, “the personal representative of the deceased person shall [also] be entitled to recover for the funeral, medical, and other necessary expenses resulting from the injury and death of the deceased person.”
What Is the Deadline for Filing a Wrongful Death Lawsuit in Georgia?
In most cases, plaintiffs must file their lawsuit within two years from the date of the wrongful death. If your loved one did not immediately succumb to their injuries, the countdown starts at the moment they died, not the moment they were injured.
Subject to very limited exceptions, missing this deadline normally eliminates your right to file a lawsuit seeking compensation from the at-fault party. To make sure no evidence is lost and that there is plenty of time to build a solid claim on your behalf, consult with an attorney as soon as possible.
Contact Brauns Law Accident Injury Lawyers, PC, for Help with Your Wrongful Death Lawsuit
If you recently lost a loved one to a wrongful death, a lawsuit is probably the last thing you want to deal with. However, the governing law gives you a limited amount of time to take legal action against the responsible party.
While you grieve your loss, the legal team at Brauns Law Accident Injury Lawyers, PC, is ready to make sure you and your family receive the justice and accountability you deserve. Contact us today to schedule a free, no-obligation consultation with an experienced Georgia wrongful death lawyer.
