Photo from Unsplash
Originally Posted On: https://langrinrobertsonlaw.com/survival-actions-vs-wrongful-death-claims-in-georgia/
Survival Actions Vs Wrongful Death Claims in Georgia
Losing a loved one because of someone else’s mistake is very hard. In Georgia, there are two legal ways to seek justice: wrongful death claims and survival actions. It’s important to know the difference to get the right kind of help and compensation.
This article will explain wrongful death claims and survival actions in Georgia. We’ll talk about who can file each claim, the time limits, and what damages you might get. It’s also key to work with a skilled wrongful death lawyer in Georgia to protect your rights.
Key Takeaways
- Wrongful death claims and survival actions are two legal ways to seek justice in Georgia when a loved one dies because of someone else’s fault.
- Wrongful death claims aim to get money for the value of the person’s life. Survival actions try to get damages the person could have claimed if they were still alive.
- Only certain family members like spouses, kids, and parents can file wrongful death claims in Georgia.
- You have two years from the death date to file a wrongful death claim in Georgia.
- It’s crucial to have a skilled wrongful death lawyer to help you through the legal process and get the best compensation.
Understanding Wrongful Death Claims in Georgia
When a loved one dies because of someone else’s mistake or on purpose, the family might file a wrongful death claim in Georgia. These claims help the family get justice and money for their loss. They make the person or group responsible for the death take responsibility.
We will look into wrongful death claims in Georgia. We will cover what wrongful death means, who can file a claim, and the time limits for these cases.
Definition of Wrongful Death
In Georgia, wrongful death happens when someone dies because of someone else’s carelessness, recklessness, or on purpose. This can happen in many ways, like:
- Fatal car accidents from a careless driver
- Death from a doctor’s mistake
- Accidents at work because of unsafe conditions or missing safety gear
- On purpose acts of violence, like assault or murder
Parties Eligible to File a Wrongful Death Claim
In Georgia, certain people can file a wrongful death claim, in a specific order:
- The surviving spouse of the person who died
- If there’s no spouse, the kids of the person who died
- If there’s no spouse or kids, the parents of the person who died
- If there are no parents, the estate’s administrator can file for the next of kin
It’s important for those who can file to work with a skilled Georgia wrongful death lawyer. This helps protect their rights and increases their chance of getting a fair settlement or verdict.
Statute of Limitations for Wrongful Death Claims
In Georgia, you have two years from when the person died to file a wrongful death claim. But, there are some exceptions, like:
- If the death was a crime, you might have more time to file
- If the careless party was a government group, you might have less time
It’s key to talk to a knowledgeable wrongful death lawyer quickly. This makes sure you don’t miss the deadline for filing your claim.
| Type of Wrongful Death Claim | Statute of Limitations |
|---|---|
| General wrongful death claims | 2 years from the date of death |
| Claims involving a criminal act | Matched to the criminal statute of limitations |
| Claims against government entities | Shorter time limits may apply |
Exploring Survival Actions in Georgia
Georgia law also allows for a type of legal action called a survival action. This action lets the estate of the deceased seek damages for the losses and suffering they faced before passing away. These claims focus on what the deceased went through, not just the family’s losses. They can be filed along with a wrongful death lawsuit.
What is a Survival Action?
A survival action is a claim that seeks compensation for the damages and losses the deceased faced before they died. The personal representative of the deceased’s estate brings this claim. It lets the estate get damages the deceased would have gotten if they had lived. These claims can cover:
- Medical expenses from the injury that caused death
- Lost wages and benefits
- Pain and suffering the deceased felt before dying
- Funeral and burial costs
Differences Between Survival Actions and Wrongful Death Claims
Survival actions and wrongful death claims both come from someone’s death caused by another’s mistake or wrong action. But, they are different in key ways. It’s important for families to know these differences when seeking justice and compensation after a loss.
| Survival Actions | Wrongful Death Claims |
|---|---|
| Focus on the deceased’s experiences and losses before death | Focus on the losses the deceased’s family faces |
| Filed by the personal representative of the deceased’s estate | Filed by eligible family members or the estate representative |
| Damages include medical expenses, lost wages, pain and suffering of the deceased | Damages include the full value of the deceased’s life, including lost income, benefits, and companionship |
| Statute of limitations is typically 2 years from the date of injury | Statute of limitations is typically 2 years from the date of death |
In Georgia, families might file both a survival action and a wrongful death claim to get all the damages they can under the law. An experienced personal injury lawyer can help families navigate the legal process. They make sure families’ rights are protected as they seek justice for their loved one.
Damages Recoverable in Wrongful Death Claims and Survival Actions
When a loved one dies because of someone else’s mistake, the family may get compensation in Georgia. They can file a wrongful death claim or a survival action. It’s important to know what damages they can claim to get justice and support.
Damages in Wrongful Death Claims
The surviving spouse, kids, or parents can claim damages in a wrongful death claim. They can ask for the “full value of the life of the decedent.” This includes both money and non-money losses, like:
- Lost wages and benefits the deceased would have made over their life
- Loss of companionship, care, and support from the deceased
- The value of the deceased’s life, including their relationships, hobbies, and experiences
To figure out the deceased’s life value, their age, health, income, and future earnings are looked at. A good wrongful death lawyer can help gather evidence and expert opinions for the claim.
Damages in Survival Actions
A survival action lets the deceased’s estate claim damages for losses before death. These can be:
- Medical costs from the injury or illness that caused death
- Lost wages and benefits from injury to death
- Pain and suffering the decedent felt before dying
To start a survival action, the decedent’s personal representative must file the claim. Any money won goes to the estate and then to the heirs based on the will or Georgia laws.
| Wrongful Death Claim Damages | Survival Action Damages |
|---|---|
| Full value of the life of the decedent | Medical expenses related to the injury or illness |
| Lost wages and benefits throughout the deceased’s lifetime | Lost wages and benefits from injury to death |
| Loss of companionship, care, and support | Pain and suffering endured by the decedent |
| Intangible value of the deceased’s life | Other losses experienced before death |
Filing a wrongful death claim or survival action is tough for grieving families. An experienced wrongful death lawyer can protect your rights and help you get fair compensation. A caring law firm will support you through the legal process, fighting for your family at every step.
Navigating the Legal Process for Wrongful Death Claims in Georgia
When a loved one dies because of someone else’s mistake, filing a wrongful death lawsuit in Georgia can be tough. It’s key to know the legal steps and work with a skilled lawyer. They can help you through the case.
First, you need to pick a personal representative for the deceased’s estate. This person, usually a family member, will file the claim for the estate and any living family. They must be chosen by the court and work with the wrongful death lawyer throughout the case.
At times, a wrongful death claim might also be part of a criminal case. This makes things more complicated, as the criminal case’s outcome could affect the civil lawsuit. A good lawyer can manage these issues and protect your rights in both cases.
To make a wrongful death case, the personal representative and their lawyer will collect evidence, talk to witnesses, and get expert opinions. This takes time and needs a lot of effort. That’s why having a talented legal team is so important.
It’s vital to file a wrongful death lawsuit in Georgia within two years after the person died. If you don’t, you could lose your right to claim compensation for your loss.
During the legal process, the wrongful death lawyer will support the personal representative and surviving family. They aim to negotiate a fair settlement with the guilty parties or their insurers. If needed, they’ll also represent you in court.
Filing a wrongful death lawsuit in Georgia is hard and emotional. But, with an experienced personal injury lawyer, you can make sure your rights are looked after. You’ll also get the compensation you deserve for losing your loved one.
The Importance of Hiring an Experienced Wrongful Death Attorney
When you’re dealing with a wrongful death claim in Georgia, having a skilled lawyer is key. The legal process is complex and tough, especially when you’re grieving. A good lawyer offers the support and guidance you need to file a claim and get justice for your loved one.
Benefits of Working with a Skilled Wrongful Death Lawyer
An experienced wrongful death attorney brings many benefits to families. They can:
- Help clients understand their rights under Georgia’s wrongful death act
- Gather evidence to support the wrongful death claim
- Negotiate with insurance companies on behalf of the family
- Fight for the full value of the deceased’s life
- Provide compassionate guidance throughout the legal process
With a knowledgeable lawyer, families can focus on healing. The lawyer will take care of the legal details of the case.
How to Choose the Right Attorney for Your Case
When picking a wrongful death attorney, think about these things:
| Factor | Description |
|---|---|
| Experience | Look for an attorney with a proven track record of successfully handling wrongful death cases in Georgia. |
| Knowledge | Choose a lawyer who knows the details of wrongful death law and can navigate the legal system well. |
| Communication | Select an attorney who talks clearly, keeps you updated, and answers your questions quickly. |
| Dedication | Opt for a lawyer who is fully committed to fighting for your family’s rights and getting the best outcome for your case. |
Think about these factors to find a skilled wrongful death attorney. They will work hard for your family’s rights and help you get justice and compensation under Georgia law.
Conclusion
Trying to get justice for a Georgia wrongful death claim is tough and emotional. Families who lost someone due to someone else’s mistake need to know their rights and legal options. With the help of an experienced wrongful death lawyer, they can understand Georgia’s wrongful death laws and fight for what they deserve.
It’s key to know the difference between wrongful death claims and survival actions. Both can help families get back what they lost, but they serve different purposes and cover different damages. Knowing this helps families decide which claim to go for and how to move forward.
An experienced wrongful death attorney can guide families through the legal process. They make sure families’ right to bring a claim is protected and their case is handled well.
A death claim must be filed within a certain time, called the statute of limitations. In Georgia, this time is usually two years after the person dies. If you don’t file on time, you could lose your chance to get compensation.
When thinking about a wrongful death claim, families should think about a few things:
- The strength of the evidence supporting the claim
- The extent of the damages suffered by the family
- The availability of insurance coverage or assets to satisfy a judgment
- The emotional and financial toll of pursuing legal action
By thinking about these things and working with an experienced lawyer, families can make the best choice for their situation. This way, they can try to get justice for their loved one.
Contact Langrin-Robertson Law Today!
If you’ve lost someone close due to someone else’s mistake in Georgia, you need a Georgia wrongful death attorney. Langrin-Robertson Law knows how hard it is for families after such a loss. We offer skilled legal help to guide you through filing a Georgia wrongful death lawsuit or survival action.
In Georgia, the law allows families to bring a wrongful death claim. But, you must act fast, as there’s a time limit. Our team at Langrin-Robertson Law knows the legal details well and will help you every step of the way.
Reach out to Langrin-Robertson Law for a free talk today. We’ll listen with care and give you the info you need to decide on your case. We aim to protect families’ rights and secure justice and compensation for them. Call us at (678) 242-9280 to see how we can help with your wrongful death claim or survival action.
FAQ
What is the difference between a wrongful death claim and a survival action in Georgia?
Wrongful death claims focus on the losses the deceased’s family faces, like lost wages and the value of their loved one’s life. Survival actions aim to get damages for the deceased’s pain, medical bills, and other losses before they die.
Who is eligible to file a wrongful death claim in Georgia?
In Georgia, the spouse, kids, or parents of the deceased can file a wrongful death claim if they lost someone. If there’s no spouse, the kids or parents might bring the claim.
What is the statute of limitations for filing a wrongful death claim in Georgia?
You have two years in Georgia to file a wrongful death claim after the person dies. But, if there’s a criminal case, the clock might stop until it’s over.
What damages can be recovered in a wrongful death claim in Georgia?
In Georgia, you can claim the full value of the deceased’s life. This includes lost wages, benefits, and the value of their life beyond money.
Can a survival action and a wrongful death claim be pursued simultaneously in Georgia?
Yes, in Georgia, you can go after both a survival action and a wrongful death claim at the same time. A skilled lawyer can help you get the most compensation possible.
Why is it important to hire an experienced wrongful death attorney in Georgia?
It’s key to hire a wrongful death lawyer in Georgia. They offer important advice, support, and help you understand your rights. They also gather evidence, talk to insurance companies, and fight for your loved one’s full value.
