Losing a loved one is among the most traumatic life experiences a person can endure. Justice and compensation may not be your first priorities immediately after a loved one’s passing. You are entitled to compensation for the full value of the life of the decedent in your wrongful death lawsuit. There is no need to suffer the loss of the financial stability. If you lost a loved one as a result of the negligent, reckless or criminal actions of someone else in the state of Georgia, contact the expert legal team at Banks, Stubbs and McFarland in order to begin the wrongful death claim process.
Who May File a Wrongful Death Lawsuit?
In the State of Georgia, several parties are eligible to file a wrongful death lawsuit. There is a hierarchy, however, and the highest ranking family member must be the party to initiate the case. The order is:
- The administrator or executor may bring a wrongful death action to recover for the benefit of the next of kin.
It is important to note that if there are children involved and the spouse is filing the suit, any amount recovered will be divided equally between them. Georgia law provides that the spouse shall receive no less than 1/3 of the amount awarded in the wrongful death claim.
How Long Do I Have to File a Wrongful Death Lawsuit?
Generally speaking, the statute of limitations or deadline to file a Wrongful Death case in Georgia is 2 years from the death of a loved one. In more complicated cases, however, the date of the accident or incident that caused harm could start the clock on the 2 year time limit. There are also exceptions when there is a criminal trial involved.
Don’t risk the statute of limitations running out on your wrongful death claim. Call 770-887-1209 now to schedule your appointment with the expert attorneys of Banks, Stubbs, and McFarland.
Is There More Than One Kind of Wrongful Death Claim?
There are two types of claims that arise when a loved one is killed by the actions of another. The first claim is the standard wrongful death claim. In this action, the measure of the compensation is the full value of the deceased’s life. Georgia also allows for something called an “estate claim.” An estate claim takes into consideration the expenses spent by the estate regarding the injury and death of a loved one plus compensation for pain and suffering.
How are Wrongful Death Case Values Calculated?
A jury is responsible for determining the amount of compensation that can be recovered from a wrongful death lawsuit. The jury will base their calculation on two factors that only pertain to the deceased. No consideration is given to the spouse or family member’s loss.
The first calculation examines the career-based value of the deceased’s life. This is an amount that examines the deceased’s salary combined with his or her age, benefits, investments, bonuses etc. The second calculation is more subjective and pertains to the deceased’s enjoyment of life. Here, the jury will consider a variety of factors including the life expectancy of the deceased, his/her hobbies, family life, etc.
In order to maximize the value of your wrongful death claim, you need aggressive representation from a lawyer who will provide the most complete and detailed evidence to the jury. Our firm has achieved significant recoveries for victims of wrongful death claims and we’ll work hard to earn you full compensation for the loss of your loved one.
Call our office now at 770-887-1209 to ensure that your wrongful death claim is in the caring and experienced hands of Banks, Stubbs, and McFarland.