Wrongful Death Claims: What You Need to Know

When a person you love dies unexpectedly, it is only natural to wonder whether someone is to blame. Could the death have been prevented? In many cases, the answer is “yes.” It is unfortunately common for people to suffer what is known legally as a “wrongful death.” This doesn’t usually mean that someone killed them intentionally. Rather, it means that someone acted recklessly or failed to act responsibly, and because of that, a person is dead who would otherwise still be alive.

At Michael M. Day Law Firm, we work closely with families who have lost loved ones, and we know how painful the situation can be. We know you want answers. We know you want justice. And work to obtain both so that you can find peace and move forward.

But the process is not easy. There are some factors you need to understand about wrongful death claims. We would be happy to talk with you one-on-one if you contact us for a free case evaluation. In the meantime, here is some general information to keep in mind.

Wrongful Death Claims Can Be Based on Many Different Situations

A wrongful death claim is almost an extension of a personal injury claim. In a personal injury case, someone who has been hurt seeks compensation for their losses from the person or company who caused those losses. When someone passes away because of their injuries, they obviously are no longer in a position to file a legal claim, so Georgia law allows certain family members or the deceased person’s legal representative to file a claim instead. This is a wrongful death claim.

Because the right to seek recovery for a personal injury can be based on a wide variety of situations and causes, the same is true for a wrongful death case. Loved ones can seek recovery for a death caused by incidents such as:

• Truck accidents
• Motorcycle accidents
• Slip and fall incidents
• Dog bites or other animal attacks
• Car accidents
• Boat accidents
• Criminal attacks
• Harmful conditions on someone’s property
• Bicycle accidents
• Abuse in nursing homes and daycare centers
• Pedestrian accidents
• Fires

The important issue is not so much how an injury occurred but why it occurred. If someone didn’t do something that they should have or they did something they ought not to have done, and that caused an injury that led to death, then loved ones may have a legal claim for wrongful death. 

For instance, every driver on the roads of Georgia has an obligation to follow safe driving practices such as staying within the speed limit, watching the road, and not driving while under the influence of a substance that could impair their judgment. When a driver violates one of these obligations and causes an accident, that driver can be held liable for injuries and deaths that occur as a result.

Who Can File a Wrongful Death Claim?

A wrongful death claim is a lawsuit filed in court, so it is essential to follow all proper procedures for the claim to succeed. While the law does not require someone filing a claim to be represented by an attorney, it can be extremely difficult to win the case without experienced legal guidance, because the person or company accused of wrongdoing will be working with insurance attorneys who are highly skilled in defending against personal injury and wrongful death claims.

Georgia’s wrongful death statutes allow only certain individuals to file a lawsuit for wrongful death. The deceased’s spouse may file a claim, or, if there is no spouse, a child of the deceased may initiate a lawsuit. The law specifies how proceeds from the lawsuit will be distributed among family members. If the deceased person did not have a spouse or children, then the parent may file a claim. If there is not a surviving relative qualified to bring an action, then the representative of the estate may file a claim, and amounts recovered would be distributed to the “next of kin.”

Compensation Recovered Through a Wrongful Death Case

Generally, the law allows family members to seek compensation for the “full value of the life of the decedent.” This amount includes compensation for:

• The income the deceased person would have earned through the remainder of their natural life
• Other income the deceased person would have received, such as veteran’s benefits
• The value of the services provided by the deceased person
• The intangible aspects of the deceased person’s life, such as the guidance, support, and companionship provided to loved ones

Calculating the present value of future economic aspects of the deceased person’s life can be challenging, so it is helpful to consult a knowledgeable attorney before considering any settlement offers. Moreover, the value of non-economic factors is often substantially higher than the value of economic losses, making them vitally important.

Other Critical Factors in Wrongful Death Cases

There are many other issues to be aware of when you are considering a wrongful death claim. For instance, you need to prepare and file your claim within the deadline established by the statute of limitations. If you miss the deadline, then you lose your right to seek compensation. Most of the time, a wrongful death lawsuit must be filed within two years of the date of death, although once in a while an exception may apply.

Another critical factor to keep in mind is that Georgia law provides a legal claim similar to a wrongful death lawsuit in many respects. It is known as a survival action, and it is filed when a loved one has suffered injuries that are expected to lead to death, but death has not yet occurred. The claim is filed on behalf of the deceased person for the harm they suffered, so it is brought by a representative of the estate rather than a family member. In this type of claim, courts can award compensation for medical care costs, funeral expenses, and the pain and suffering the deceased endured.

Compassionate Care and a Fierce Fight for Justice After a Wrongful Death

It is not fair when the actions of an inattentive driver or irresponsible property owner cause you to lose a loved one before their time. The dedicated team at Michael M. Day Law Firm is ready to help you find the answers you need and obtain justice and resources to secure your future and allow your family to move forward after this terrible loss. If you have questions or would like to learn more about how a wrongful death case might proceed in your particular case, we urge you to call us at 404-480-4284 or contact us online to schedule a free consultation and case evaluation.