By: Kathy McArthur, 2024 Super Lawyers Magazine “Cover Story” Attorney (GA)
Losing someone can cause emotional pain for your family and financial problems. These types of death legal claims (whether causing a negligent death case or intentional or reckless) are best handled by a wrongful death attorney near me who has vast prior experience winning a lawsuit, wrongful death legal action.
Understanding the wrongful death meaning. Wrongful death is a legal term that encompasses situations where someone close to you has been killed as a result of negligent or criminal acts. If a family member dies because of someone else’s fault, a person in that deceased person’s family is entitled to sue for that unlawful death and seek justice in a wrongful death lawsuit.
What is a tort of wrongful death? Many people struggle to understand the wrongful death elements, because these laws are not as familiar as personal injury lawsuits. First, a “tort” is a civil law wrong, done to a person.
When a person or company has breached the “duty of care” [required of him, her or “it,” when a corporation, such as putting defective products into commercial channels to be sold], a possibility may exist for punitive damages.
Generally, a punitive damages award cannot be part of a wrongful death claim. Yet, in some limited situations, punitive damages could be part of the deceased person’s estate claim for the decedent’s pre-death injuries, when pain and suffering had to be endured by that person who later died. By talking with a McArthur Law Firm (MLF) attorney, you can get immediate answers.
To get a quick view of how wrongful death legal actions are defined, under Georgia laws, read Georgia code section 51-4-1, which says:
As used in this chapter, the term:
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 which has been defectively manufactured, whether or not as the result of negligence.
In some cases, the person against whom a civil judgment in a wrongful death case is being sought may also be facing criminal charges (e.g., from vehicular homicide case where a driver was either driving recklessly or while under the influence of alcohol or some impairing drug). The at fault defendant in the civil wrongful death litigation can also simultaneously be criminally prosecuted.
What is the Wrongful Death Statute of Limitations in GA?
The statute of limitation for wrongful death in the Peach State is two (2) years generally. If the death is of a parent for whom a young child is the only party “qualified” to act, then more time may exist for these claims to be asserted.
In other wrongful death examples, a doctor’s surgical error, or a pharmacist’s erroneous issuance of an incorrect prescription may not be criminal contact (since no intent to kill or intent to drink too much and drive) is involved.
A wrongful death action always involves losing a loved one. If an individual, company or group intentionally, recklessly, negligently, or criminally causes the death of a loved one, under Georgia tort law, these civil law cases are eligible to file suit under one of two wrongful death statutes authorizing wrongful death awards.
In this type of civil litigation, the claimant is required to establish the defendant’s accountability by a legal standard called “preponderance of the evidence.” This is a fairly low standard of proof, especially when compared with the well-known “proof beyond a reasonable doubt standard used in criminal prosecutions, which is the highest level of proof required.
The links below take you to the full statutes, to read.
Georgia Code Section 19-7-1 (2022)
Georgia Code Section 51-4-2 (2022)
This can include a wide range of scenarios, such as car accidents caused by a drunk driver, medical malpractice resulting in a patient’s death, or even intentional acts of violence. After learning which representative holds the right to sue, then that case must be brought by that person (for the legally designated relative). Georgia law does allow for situations where a spouse can DECLINE to litigate the claim, and this bars others from stepping in to sue.
Ultimately, wrongful death lawsuits serve as a way for families to seek closure and financial compensation for the loss of their loved one. While no amount of money can truly make up for the pain of losing a family member, holding the responsible party accountable can provide a sense of justice and help prevent similar tragedies from occurring in the future.
If you want to explore whether you can bring an unwarranted death claim against the suspected liable party, all for your FREE lawyer consultation. Contact an Atlanta wrongful death attorney by dialing 404-565-1621 to discuss filing a lawsuit for a relative’s accidental death wrongful death case in Georgia.
Different Types of Wrongful Death Legal Claims
Wrongful death lawsuits can stem from a variety of actions. A horrific homicide could lead to a wrongful death claim. Cases also may arise from a vehicular manslaughter or a vehicular mishap involving a car, truck, van, bus, motorcycle, or bicycle, including an incident where a car strikes a pedestrian.
A different kind of wrongful death lawsuit could emerge from an accident at work, such as a fire or explosion that results in one or more fatalities. In certain cases, medical malpractice could instigate a wrongful death lawsuit. In a jury trial, the chances of winning a wrongful death lawsuit are favorable, because most jurors could see something like this happening to them, or a family member.
In a wrongful death lawsuit, it is not necessary for the accused party to be found guilty in criminal court first. Plus, know that in quite a few cases, wrongful death settlements will not be offered and such claims will then require trials, if the at-fault person lacks liability insurance to pay such a claim.
The standard of evidence required in a wrongful death lawsuit is less stringent than in a criminal trial. In Georgia, a civil jury only needs to decide which side of the lawsuit has more evidence in their favor. This means they do not have to be convinced beyond a reasonable doubt like in a criminal trial.
Motor Vehicle Wrecks, Collisions or Striking a Pedestrian
Wrongful death lawsuits frequently stem from automobile accidents. If a loved one, such as a spouse or family member, tragically died in a car accident where the other party was clearly at fault, you may be eligible to file a wrongful death claim.
Among the most severe types of car accidents are side-impact collisions. These high-velocity crashes often lead to fatalities, typically involving one car slamming into the side of another. Many drivers who bear the brunt of a T-bone collision do not survive.
Consult an Atlanta wrongful death lawyer near me with McArthur Law Firm if a family member has died in a trucking, motorcycle, bus, or car accident, causing financial and emotional distress. If a nursing home claim of wrongful death is your concern, read this additional page. Our legal team members will review all aspects of your possible legal remedies.
Filing a Wrongful Death Claim with an Atlanta Wrongful Death Lawyer Near Me
A wrongful death lawsuit is typically initiated by a relative or legal proxy of the deceased. It is mandated by state law that the spouse should not get less than one-third of the ultimate settlement, irrespective of the number of children implicated.
Relatives initiating a wrongful death lawsuit need to demonstrate that the demise of their family member was due to the negligence or reckless indifference of the other party. The lawsuit must establish that the death was not self-inflicted. Furthermore, the lawsuit must substantiate that the relatives have suffered financial and emotional harm directly linked to the wrongful death. These damages might encompass:
- Expenses for funeral and interment or
- Medical expenses related to a disease or injury connected with the negligence or reckless indifference of the party at fault.
- Lost earnings and benefits that the deceased would have accrued.
- Loss of companionship.
- Emotional distress and suffering.
Working with a Wrongful Death Attorney at MLF
Working with a personal injury attorney on a wrongful death claim can be emotionally taxing for those still grieving the loss of a loved one. The wrongful death claim should cover the losses, expenses, pain, and trauma experienced by surviving family members due to the death of their loved one.
If someone you love has died in Atlanta, you may find a type of “closure” by contacting a lawyer at the McArthur Law Firm. Remember that you can file a wrongful death lawsuit if a family member is killed intentionally or through negligence.
Call now to talk with a MLF attorney about what happened. In this NO-COST conversation during which you will learn about all steps necessary to recover compensation for your loved one’s death. Our Atlanta office number is 404-565-1621 and the Macon Office number is 478-238-6600, for Macon Georgia wrongful death claims.
