A personal injury claim is valid when a person is harmed due to someone’s negligent actions. But, what happens if the victim dies due to that injury before the personal injury claim is settled? In this case, the family can sue for wrongful death. Allow us to answer several frequently asked questions about wrongful death claims:
How long do I have to file a wrongful death claim?
In Georgia, you have two years from the date of death to file a wrongful death claim. This is considered a statute of limitations, the eligible period for which a plaintiff can bring forth a legal claim.
There are certain exceptions such as if the death is connected to a criminal case or if the victim’s estate is still in probate.
What damages can be recovered?
The damages that are recovered depend on which wrongful death claim you file. There are two types of claims:
- A claim brought on by the deceased person’s family members.
- A claim enacted by the deceased person’s estate.
The first claim seeks damages that cover the full value of life such as lost wages or intangible benefits such as companionship and care.
The second claim seeks damages that focus more on a financial remedy related to the person’s death such as medical bills, burial costs, and any suffering the deceased person endured before death.
Who can file a wrongful death claim?
There are only a handful of people who can file a wrongful death claim. The following is a descending order of eligible people:
- The deceased’s spouse; if not applicable:
- The deceased’s children; if not applicable:
- The deceased’s parents; if not applicable:
- The deceased’s estate administrator.
Mickey Kicklighter is Your Wrongful Death Attorney
The loss of a loved one will evoke emotions you can’t ignore … grief, anger, frustration, and sadness. It’s important to give these emotions the attention they deserve. Allow Mickey to handle your legal obligations so you can focus on the emotional health of your family. Talk to us today: 912-754-6003