Wrongful Death In Georgia: Frequently Asked Questions
Grieving families often have many questions after the unexpected death of a loved one, especially if someone else’s negligence or wrongdoing caused the death. If this has happened to you, our Georgia wrongful death lawyer can answer your questions and explain your options. We encourage you to contact Jody D. Peterman, LLC, in Valdosta at 229-588-2608 to discuss your specific situation.
What defines a wrongful death?
A wrongful death occurs when someone else’s negligence or wrongdoing caused the death. The negligent party in a wrongful death case could be an individual or a business. IMPORTANT: A wrongful death lawsuit is a civil lawsuit — not a criminal case — although there may be a separate criminal case related to the same death. For example, a fatal drunk driving accident may lead to a wrongful death lawsuit against the drunk driver, and the same drunk driver may also be charged in criminal court.
Who can bring a wrongful death lawsuit in Georgia?
Georgia’s Wrongful Death Act allows for family members of a deceased person to bring a wrongful death claim. The deceased person’s surviving spouse or children may file a wrongful death lawsuit. If the deceased person was unmarried and had no children, the victim’s parents can bring a wrongful death claim. If the victim had no surviving spouse, children or parents, the victim’s estate can file a wrongful death lawsuit.
What types of compensation can a wrongful death lawsuit provide?
While no amount of money can replace a lost loved one, financial compensation may help the family move forward with security and dignity. There are many types of compensation that may be available in a wrongful death case, including compensation for:
- Medical expenses arising from the care the deceased person needed before death
- Lost income and employment benefits the deceased person may have earned now and in the future
- Lost services the victim might have provided: for example, home maintenance, preparing meals for the family, etc.
- Loss of enjoyment: for example, the deceased person may have missed out on playing with grandchildren, getting married, playing sports, etc.
- Funeral and burial expenses
Do I need a wrongful death lawyer?
You will need guidance and representation from an experienced wrongful death lawyer for a number of reasons. First, the law is complex, and you need an attorney on your side to navigate the legal process for you. At Jody D. Peterman, LLC, our dedicated wrongful death attorney can handle all the legal matters while you focus on your well-being and that of your family. Second, we can thoroughly investigate your case, including the full financial impact of the death, and pursue the maximum available compensation for the loss of your loved one. Third, wrongful death cases frequently involve dealing with insurance companies in addition to the individual or business that caused the death. Insurance companies have their own teams of lawyers. To take on the insurance company, you need an experienced wrongful death lawyer on your side as soon as possible.
How long do I have to file a wrongful death lawsuit in Georgia?
In Georgia, families generally have two years from the date of their loved one’s death to file a wrongful death lawsuit. Failing to meet this deadline could mean losing your right to seek compensation entirely.
Certain situations can pause or extend this timeline. If criminal charges were filed related to the death, such as vehicular homicide or manslaughter, the two-year clock may stop until those criminal proceedings wrap up.
Additionally, if your loved one’s estate has not gone through probate or a personal representative is yet to be appointed, Georgia law may extend the filing deadline for up to five years in some cases.
What is the difference between a wrongful death claim and a “survival action” in Georgia?
A wrongful death claim belongs to surviving family members. It seeks compensation for what the family has lost, such as financial support, companionship and care. The damages go directly to the spouse, children or other qualifying relatives.
On the other hand, a survival action belongs to the deceased person’s estate. It compensates for what your loved one experienced before death, including their medical bills, pain and suffering, and lost wages between the injury and passing. These damages become part of the estate.
How does Georgia calculate the “full value of the life” of the deceased?
Georgia law allows families to recover the “full value of the life” of their loved one, which includes both economic and noneconomic losses. Economic value covers the financial contributions your loved one would have made. These include income, benefits, household services and any financial support they provided their family.
Noneconomic value covers the intangible losses that are harder to measure. These include companionship, guidance and care your loved one brought to your family’s life. There’s no set formula for determining this value. We can help gather the necessary evidence and present a complete picture of your loved one’s value to pursue fair compensation.
Contact Us For A No-Obligation Consultation
If someone else’s negligence or wrongdoing led to the loss of your loved one, please call us at 229-588-2608 or fill out our contact form to set up a no-obligation consultation. Our law office is in Valdosta, and we represent clients throughout Georgia.