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Georgia Wrongful Death Statute
If someone is killed because of a wrongful act by another, under the Georgia Wrongful Death Act, the deceased’s family has the right to file a wrongful death claim. The Act also states that the family can make a claim for the full value of the life of someone who died. That is a significant amount of legal verbiage to try to understand. If you feel that a family member has a wrongful death, you should consult The Law Office of Daniel R. Duello.
What Is the Georgia Wrongful Death Statute?
Under the laws of the State of Georgia, the Georgia Wrongful Death Statute establishes a specific time frame in which a wrongful death case must be filed. Pursuant to this statute, a wrongful death claim must generally be filed within two years from the date of the deceased person’s death. However, it is important to note that each case’s specific facts and circumstances can impact the amount of time available to file a claim.
There are certain situations where the time limit for filing a wrongful death claim may be extended beyond the standard two-year period. For instance, if the individual responsible for the wrongful death is not immediately identified, or if the death was caused by a negligent act that was not immediately apparent, the time limit for filing a wrongful death claim may be extended.
Conversely, there are also situations where the time limit for filing a wrongful death claim may be shortened. For example, suppose a wrongful death claim is being filed against a government entity. In that case, there may be specific notice requirements and shorter time frames for filing the claim.
The statute also includes a statement about the full value of life. This refers to the value of the life of the deceased individual. A wrongful death lawyer in Blairsville can explain the two parts that fall under the full value of life.
- The first is an intangible portion that covers the deceased’s relationships with family and friends. It also includes the reasons the person had for living.
- The other one includes the tangible portion of life. This includes earnings the deceased would have made and a value assigned to household jobs the deceased took care of and managed.
Who Can File a Georgia Wrongful Death Case?
There are strict rules about who can file a wrongful death claim. If there is a surviving spouse, then that person has the authority to file a claim. The surviving spouse is the only one that can file the claim. If there are also surviving children, the surviving spouse acts as the representative for the children. If there is an award received, it must be shared with the children.
It is important to note that even though the surviving spouse shares the award, the spouse cannot receive less than one-third of the award, regardless of how many children there are. If the deceased was divorced and that person is still living, the surviving children would jointly file the claim.
If the deceased did not have a spouse but had multiple children and one died before the deceased in the wrongful death case, the heirs of the deceased child would have a right to a share of the award.
Another important fact is that if the deceased has no surviving spouse, children, or parents in Georgia, the estate representative may file a wrongful death claim. Any damages recovered will then be held by the estate and distributed to the decedent’s next of kin.
File Your Claim With Our Wrongful Death Lawyer
When you lose a loved one to a wrongful death, it is a tragic experience. You would need a skilled wrongful death attorney to ensure your claim is filed the first time properly.
When you are looking for Georgia wrongful death lawyers, look no further than The Law Office of Daniel R. Duello. I will provide all the support you need while submitting a wrongful death claim and handling all negotiations. Our law office will handle negotiations with all parties involved to ensure you receive a fair and complete settlement. If your case goes to court, we will provide all the additional support you will need in a trial.
If you have a loved one that died as a result of the negligence of another party, you should contact us to speak with experienced wrongful death lawyers in Blairsville. Do not hesitate to get the help you need; call us today at (706) 603-3036.