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Criteria & Procedures for Bringing a Wrongful Death Lawsuit to Court in Georgia?
Jessica Nix • Nov 13, 2023
The criteria for pursuing a wrongful death claim are primarily dependent on a party’s relationship to the deceased and whether fault can be established. In other words, only certain people can pursue wrongful death claims, and only if they can establish that the death was caused by another party’s negligent, reckless or intentional actions (or inaction).
In Georgia, the parties that can pursue a wrongful death claim include the deceased person’s:
- Surviving spouse
- Children if there is no surviving spouse
- Parents if there is no surviving spouse or children
- Executor of the deceased’s estate if there are no immediate family members
In addition to having a legitimate claimant and proof of fault, it’s also necessary for the claim to be brought within the statute of limitations. In Georgia, the wrongful death statute of limitations is typically two years from the date of the death, although there are some exceptions.
The Wrongful Death Lawsuit Process
- Establishing Eligibility: The first step plaintiffs need to take is determining eligibility. This typically involves meeting the previously listed criteria.
- Evidence Gathering: This includes gathering medical records, accident reports, witness statements and any other documentation that demonstrates negligence and the impact of the death on the family.
- Hire an Attorney: Consult and hire an attorney experienced in wrongful death cases in Georgia. The attorney will help navigate the legal process, offer advice and represent the family's interests.
- File the Lawsuit: The attorney files a wrongful death lawsuit in the appropriate court. This involves formally drafting and submitting a complaint outlining the basis for the claim.
- Wait for Defendant’s Response: After the complaint has been submitted, the filers need to wait for the defendant to file a formal response, which entails either admitting fault, denying fault or raising a defense.
- Discovery Phase: Both sides exchange information and evidence in a process called discovery. This may involve depositions, requests for documents and interrogatories.
- Settlement Negotiations: Before the trial, there's often a phase of settlement negotiations. Many wrongful death cases are settled during this phase without going to trial. Many lawsuits resolve with a settlement agreement between the family and the at-fault party’s insurance company.
- Trial Preparation: If a settlement isn't reached, the case proceeds to trial. Both sides prepare by finalizing their arguments, lining up witnesses and planning their strategy.
- Trial: The trial begins. Each side presents its case, including opening statements, witness testimonies, evidence presentation and closing arguments.
- Jury Decisions on Negligence and Fault: In Georgia, the jury first decides on negligence and fault. They determine whether the defendant was negligent and whether that negligence caused the wrongful death.
- Damages Phase: The initial jury decision is simply to determine whether the defendant was at fault. During a separate damage phase, a jury must determine the amount of compensation. Whether additional evidence will be presented during this second phase depends on the types of damages being sought and the case’s complexity.
- Verdict and Award: The jury reaches a verdict and decides on the award amount. The compensation awarded may include economic and non-economic damages as well as punitive damages if the wrongful death was caused by malicious or criminal actions.
- Appeals: Either party can pursue an appeal if they believe a legal error occurred during the trial that significantly impacted the case’s outcome. Incorrect jury instruction, improper inclusion or exclusion of evidence or a judge’s errors may lead to appeals after a verdict.
- Collection of Damages: The defendant and/or their insurance company will need to pay the damages owed to the plaintiff’s lawyers, who will put the funds into an escrow account. The plaintiff’s legal team will subtract liens and their contingency fee from this account before the remainder is paid out to the plaintiff.
Get Help Filing a Wrongful Death Claim in Atlanta
Pursuing tough negotiations or a protracted legal fight isn’t easy, even under the best circumstances. Dealing with the trauma and financial consequences of losing a spouse, child or parent can make the legal process exceedingly difficult to navigate without help.
The team at the Law Office of Rickard, Drew & Nix understands the challenges and pain your family is facing. We are committed to going above and beyond to give you space to grieve and recover while we aggressively pursue the justice you deserve. Call us at (404) 588-1001 for a free case evaluation.
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Atlanta personal injury attorneys, RDN Legal, explains the potential available damages in a wrongful death claim. For more information, schedule an appt. today.
Atlanta personal injury attorneys, RDN Legal, share different circumstances that would potentially lead to a wrongful death lawsuits. For more information, call today.