When someone is killed as the result of someone’s error or negligence, or a defective product, a wrongful death lawsuit may be initiated. There are specific rules in Atlanta, and throughout Georgia, regarding the filing of these types of lawsuits.
When a victim’s family wishes to file a lawsuit stemming from a wrongful death, the survivors have two years from the date of death to file the case. If the claim is not filed in that two-year timeframe, the survivors are no longer able to seek compensation. This is, in part, to protect the alleged at-fault person or entity from frivolous lawsuits.
There are two types of wrongful death claims in the state. One is for the “full value of the life of the deceased.” This type of claim includes compensation that are related to the financial value of the decedent’s life. Compensation may include lost benefits and wages, loss of care and loss of companionship.
The second type of claim is brought to recover damages from the financial losses that were related to the person’s death. For example, an estate may choose to seek compensation for medical bills, funeral expenses and burial expenses. The type of claim that is filed will depend on the wishes and needs of the survivors.
If a loved one has been killed as the result of someone’s negligence or error, an experienced attorney will be able to assist you in determining whether you have the elements necessary for a successful wrongful death claim.