Understanding the Process of Filing a Wrongful Death Claim in Georgia

Losing a loved one due to someone else’s negligence is a heart-wrenching experience that leaves families devastated and searching for answers. While nothing can truly compensate for the loss of a loved one, filing a wrongful death claim in Georgia can help ease the financial burden and provide some sense of justice. The Georgia wrongful death attorneys at Jarrett & Price are dedicated to helping families navigate the complex legal process and seek the compensation they deserve. In this article, we’ll discuss the process of filing a wrongful death claim in Georgia, including the necessary steps and key factors to consider.

1. What Constitutes Wrongful Death in Georgia

In Georgia, a wrongful death claim can be filed when a person dies due to the negligence, recklessness, or intentional actions of another individual or entity. Common causes of wrongful death include:

• Car, truck, and motorcycle accidents
• Medical malpractice
• Defective products
• Premises liability accidents
• Workplace accidents

2. Eligibility to File a Wrongful Death Claim

In Georgia, the following individuals are eligible to file a wrongful death claim:

• The surviving spouse of the deceased
• If there is no surviving spouse, the deceased’s children
• If there are no surviving spouse or children, the deceased’s parents
• If there are no surviving immediate family members, the executor of the deceased’s estate

3. Statute of Limitations for Filing a Wrongful Death Claim

In Georgia, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. However, there are certain circumstances that may extend or shorten this deadline. It’s crucial to consult with an experienced wrongful death attorney to ensure your claim is filed within the appropriate time frame.

4. Gathering Evidence and Establishing Liability

To successfully pursue a wrongful death claim, it’s essential to gather evidence and establish liability. This may involve collecting medical records, accident reports, witness statements, and expert testimony. The skilled attorneys at Jarrett & Price will work diligently to gather the necessary evidence and build a strong case on your behalf.

5. Calculating Damages

In a wrongful death claim, compensation may be awarded for the following damages:

• Loss of companionship and emotional support
• Lost wages and benefits
• Medical expenses related to the deceased’s final care
• Funeral and burial expenses

It’s important to work with an experienced attorney who can accurately calculate the damages and pursue the maximum compensation for your loss. It is also important to understand that the value of a wrongful death claim is calculated from the point of view of the decedent rather than from the person bringing the claim. This means that if a parent dies and the child brings the claim, the value is not calculated on the loss of a parent to the child, but rather the loss of the parent’s ability to raise that child, see that child married, and hold that child’s future children. These intangibles, or factors without an objective value, must be argued and considered in determining the value of the life of the decedent to the decedent.

6. Negotiating with Insurance Companies

Insurance companies often try to minimize their financial responsibility in wrongful death cases. The Georgia wrongful death attorneys at Jarrett & Price are well-versed in dealing with insurance companies and will negotiate on your behalf to ensure you receive the compensation you deserve.

7. Taking the Case to Court

If a fair settlement cannot be reached through negotiations, it may be necessary to take the case to court. The legal team at Jarrett & Price is prepared to fight for your rights and represent your best interests in court, seeking the justice and compensation your family deserves.