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Wrongful death claims in Georgia: What are they, and how do they work?

| May 13, 2020 | Wrongful Death

A wrongful death claim is unlike any other kind of personal injury claim that you might file because the primary victim is already deceased. The claim is filed by the victim’s survivors, and it is intended to address their associated losses.

When successful, a wrongful death claim can provide the victim’s survivors with the income they need to help their family meet expenses, cover burial expenses and more.

When is a wrongful death claim possible?

Wrongful death claims in Georgia can be filed whenever someone dies as the result of a crime, some kind of negligence or due to a defective product. In most cases, a wrongful death claim will be brought by the victim’s spouse, children or parents, but it may fall to the administrator of their estate to take action.

How long do you have to file a wrongful death claim?

For the most part, Georgia sets a two-year time limit on filing wrongful death claims. The clock usually starts ticking at the time of the deceased’s passing. That can change, however. There are times when that clock on the statute of limitations is paused — usually either because the deceased’s estate still needs to go through probate or because there’s a criminal case associated with the claim that must be settled.

It’s important to remember that wrongful death claims can be successful even when criminal cases aren’t. The standard of proof used to decide such claims is significantly lower than that used in criminal court since only money — not someone’s freedom — is at stake.

If you believe that you may have a valid claim over your loved one’s death, it may be time to talk with an attorney.


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