Understanding the damages in a Georgia wrongful death suit

| Jun 10, 2015 | Wrongful Death |

Losing a loved one is never easy, especially when it happens under negligent circumstances. At Garland, Samuel & Loeb, P.C., we know the stress and frustration you may be experiencing on top of your grief. Through looking into your legal recourse, you may be able to at least find financial relief.

According to Georgia law, you have two years from the date of the death to file a wrongful death lawsuit. There are several exceptions to extend this timeframe, specifically if the death is part of a criminal case or if the deceased’s estate is not probated.

In the state, there are two types of claims someone may file following a wrongful death. The first is intended to essentially restore the full value of the life of the deceased. In other words, a court could award damages based on either the financial contributions the person made or the emotional connections the person provided, such as the following:

  •        Lost wages
  •        Lost health benefits
  •        Loss of companionship
  •        Loss of care

Under the state’s laws, only specific parties may file this type of suit, starting with the deceased’s spouse or children. From there, the law notes that a surviving parent may bring the claim. If none of these exists, then a personal representative or the person’s estate may file the suit.

There is also a claim that seeks compensation for the financial losses the death caused, such as medical expenses and the cost of a funeral and burial. Only the decedent’s estate may file this type of claim.

For more information about this topic, please visit our page on wrongful death

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