What to Know About Settlements in Wrongful Death Cases in Georgia
In the state of Georgia, there are different laws governing what accounts for a wrongful death claim, a claim made when a loved one dies from injuries that are caused by the negligence of another party. In Georgia, a wrongful death claim is usually divided into two categories: a claim made by the deceased’s estate and the conventional wrongful death claim.
Filing a Wrongful Death Claim
There are certain limitations attached to making this type of claim. To begin with, a claim should generally be filed no later than two years after the date of death. However, the time frame could change depending on the nature of the filed claim. For instance, if the deceased passed away several months after they incurred injuries, the statute of limitations could be altered.
In Georgia, those who can file a claim abide by a hierarchy that starts with the spouse and children of the deceased, followed by the parent and the estate. The person with the right to make the claim is chosen after the death occurs, rather than the time of the injury.
What a Wrongful Death Case Helps Recover
A wrongful death case assists in repairing several types of damage. Since recovering such damages can often be complicated, hiring an experienced attorney is critical. During a wrongful death case, the jury will determine the deceased’s full value of life; or in other words, the value the deceased lost by not living their life.
The jury will consider factors such as whether the deceased would have lost any income from a job or whether they were raising any children. Before taking into account factors that are noneconomic, the jury would start with considering the financial influence of the loss above all.
This includes all of the fees that are associated with the deceased’s injuries and death, which comprise of everything from medical bills to funeral expenses. In addition, the one who files the claim may also be entitled to suing for any pain that the victim experienced from their injuries before death.
Properly Reaching a Settlement
Since factors such as how long the victim suffered can affect the outcome of the claim, a skilled lawyer should be present to examine all the details. The attorney will have to look at matters such as whether the deceased left a Will, and whether an Estate should be established.
If the deceased had any leftover debts that weren’t paid, an experienced attorney would have to analyze those as well. They’ll also look into the different insurances available for those who take responsibility for the estate.
The reputable law firm of Eric J. Hertz has been working with various types of wrongful death cases with a high success rate. If you and your family are suffering from a recent loss of a loved one due to negligence, we can help you file a claim and reach a settlement. For more information about our services, contact us today.