Isenberg & Hewitt, PC
Since 1989
Isenberg & Hewitt, PC
Since 1989
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Everything you must know about wrongful death claims in Georgia

Everything you must know about wrongful death claims in Georgia

On Behalf of | Aug 20, 2021 | Wrongful Death

If you just lost someone you loved, you may feel sad and angry, especially if someone was at fault for their death. If this is your case, you have the right to file a legal claim for wrongful death against the person whose negligence killed your loved one. Compensation may not take away your pain. Still, by filing a legal claim, you can make the person pay for the harm they have caused to you and your family.

Who can file the claim?

A death that resulted from negligence, a crime or a defective product is eligible for a wrongful death claim in Georgia. However, not everyone can take legal action. For a wrongful claim to be valid, the spouse or one of the children of the person who passed away must file it.  If the person who died was your friend, and they did not have a spouse or child, their parents could file the legal claim. If that person did not have surviving parents, the executor of their estate can take legal action and give the amount awarded to their next of kin.

Time limits

You might feel overwhelmed to be involved in legal procedures at the moment. However, you don’t need to rush, as you can file the claim within two years of your loved one’s death. The court can extend the time limit to five years if the deceased’s estate has not gone to probate and no more than six years if there is a criminal case involving the wrongful death.

Getting compensation for your loss

If the lawsuit is successful, the court will award the immediate relatives by covering the deceased’s funeral, medical, and other necessary expenses. Also, if your lost loved one was your spouse or parent, you and your family can recover the full value of the decedent’s life, which means that you can get compensation for the wages they would have earned if they had survived.

Doing justice

Unfortunately, you can’t bring your loved one back. But you can take legal action to receive compensation that will take some financial weight off your shoulders while you are grieving. Besides, filing a legal claim against someone negligent can prevent other families from going through that hurtful situation in the future. Your loved one is not here anymore, but you can do justice on their behalf.

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