One of the most tragic
events that can happen in someone’s life is losing a loved one, especially when
it is unexpected. This situation is hard enough to deal with when it is
due to natural causes but often times it can be caused by the negligent and
careless conduct of
When an unexpected death like this
occurs, you may have legal rights that help you deal with the loss of your loved
one. In many instances this is known as a wrongful death action .
Wrongful Death Basics:
The legal term " wrongful death " is defined as a death caused by a company’s or individual’s
negligent, careless, or deliberate act. Examples of this include:
- a death
of a patient receiving the incorrect medication from a negligent doctor or
nurse
- drunk driving accidents resulting in a death of another
- a defective
product that malfunctions and kills an individual.
Georgia’s Wrongful
Death Act:
Georgia has adopted
statutes establishing a cause of action for wrongful death. It was
actually passed more than 100 years ago and has gone through a significant number of
amendments. Georgia’s Wrongful Death Act is codified in five code
sections starting at O.C.G.A. 51-4-1.
Under Georgia law, the
following causes can create legal grounds for wrongful death claims:
•
Intentional Homicide
•
Faulty Construction
•
Contaminated Food
•
Medical Malpractice
•
Drunk Driving
•
Careless/Negligent Conduct
•
Dangerous/Defective Products
•
Illegal and/or Improper Service of Alcohol
•
Dangerous Medical Devices
•
Nursing Home Abuse and/or Neglect
•
Engineering Malpractice
•
Criminal and/or Unlawful Acts
•
Unsafe Prescription Drugs
Who is entitled to
recover for the loss of a loved one?
Under Georgia law, the
spouse of the decedent is entitled to file a claim of wrongful death . If
there is no spouse, the decedent’s children have the right to recovery.
If there is no spouse or children, the decedent’s parents are entitled to
recover for wrongful death. If there is no spouse, children, or living
parents, the administrator of the decedent’s estate has a right to pursue a
claim for wrongful death .
If the spouse of the
decedent pursues a claim and there is no Will, they are required to share a
portion of the proceeds from any lawsuit for wrongful death with the children,
according to Georgia law.
Georgia law does, however, generally guarantee
the spouse will receive one-third of any recovery of damages for wrongful
death . If there is a minor child involved, the right to recovery is
vested in the parent or legal guardian until the minor reaches the age of
majority (generally 18 years of age).
What do entitled
individuals have the right to recover?
In a Georgia Wrongful
Death action, individuals are entitled to recover “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.” This comes from O.C.G.A. 51-4-1. Also, an
individual or surviving family members may be entitled to pain and suffering
damages, economic losses (medical or funeral expenses), and possible punitive
damages.
The full value of life
of the deceased may include:
- Compensation for the pain and suffering of the survivors
- Loss of future wages, which may include expected raises
- Loss of inheritance for children
- Funeral expenses
- Compensation for pain and suffering decedent felt prior to passing
- Loss of love and protection of a spouse, child, and/or parent
- Loss of benefits, which includes retirement benefits
- Emotional Distress
- Sometimes punitive damages to punish wrongdoers if available and appropriate
Georgia’s Wrongful
Death Statute of Limitations:
A statute of
limitations is the given time period during which a legal action can be
made. If the time period ends, it is a complete bar to any recovery if
your case is not completely settled, or the lawsuit is not filed and served on
the appropriate parties prior to this date. Generally speaking, Georgia
has a statute of limitations of two years with wrongful death lawsuits.
The statute begins to run on the date of death.
Wrongful death cases
can be extremely difficult to understand, complex and challenging. If you
have experienced a tragic death of a loved one, you may want to consider
contacting our Georgia wrongful death attorneys at Krause and Witcher LLCto see how we can help.
All inquires are kept strictly confidential and initial
consultations are FREE.
Fill out our CaseEvaluation Form or call us today at (404) 835-8080.
We will fight for YOU.
--The K & W Legal Team
No comments:
Post a Comment