A wrongful death happens when someone dies because another person or company acted carelessly or on purpose. In the eyes of the law, this is a civil wrong called a tort. It is different from a criminal case because the goal is not to send someone to jail. Instead, the goal is to provide money to the family to help with the loss of their loved one.
To have a case, you must prove that the death was not just an accident. You have to show that the person who caused it failed to use due care. This means they did not act the way a safe and reasonable person should have acted in that situation. If they were reckless or broke a safety rule, they can be held responsible for the outcome.
Who Can File a Claim for a Loved One?
Georgia law is very specific about who is allowed to file a lawsuit after a fatal accident. There is a clear order that the court follows. The first person in line is the surviving spouse. If the couple had children, the spouse must share the money they win with those children. However, the law guarantees that the spouse will keep at least one-third of the total amount.
If there is no spouse, the children of the person who died are next in line. If there is no spouse and no children, then the parents of the deceased can file. If none of these relatives exist, the administrator of the estate can bring the case. In that situation, any money won goes to the next of kin or the people named in a will.
Proving the Four Elements of Negligence
To win your case, you must prove four specific things. Lawyers call these the elements of liability. First, you show there was a duty of care. This means the other person had a legal job to be safe, like a driver following traffic lights. Second, you show a breach of duty. This is when that person fails to do their job and acts unsafely.
Third, you must prove causation. This means you have to show that the breach of duty was the actual cause of the death. It is not enough to show they were being unsafe; you have to prove their actions led to the tragedy. Finally, you show damages. This is the proof of the loss the family has suffered. You prove these points by using accident reports, medical files, and statements from witnesses.
The Full Value of the Life Standard
Georgia handles wrongful death cases differently than many other states. Instead of just looking at what the family lost, the court looks at the full value of the life of the person who died. This is measured from the perspective of the deceased person. It includes two main parts: economic and intangible.
The economic part covers the money the person would have earned from work over their lifetime. The intangible part is about the parts of life that do not have a price tag. This includes things like spending time with family, enjoying hobbies, and the simple joy of living. A jury looks at these factors to decide what that specific life was worth.
Understanding the Two Different Legal Claims
When a family goes through a lawsuit, they often actually have two separate claims at the same time. The first is the wrongful death claim. This covers the value of the life we just discussed. The second is the estate claim.
The estate claim is handled by the personal representative of the person who died. This claim asks for money to pay for medical bills that happened before the death and funeral costs. It also seeks money for any conscious pain and suffering the person felt before they passed away. Keeping these two claims separate ensures the family recovers everything they are owed.
Rules for the Statute of Limitations
You only have a certain amount of time to start a lawsuit in Georgia. This time limit is called the statute of limitations. Usually, you have 2 years from the date of the death to file your papers in court. If you miss this date, you lose your right to ask for money.
Sometimes this clock can be paused or tolled. If there is a criminal case happening because of the death, the law might give you more time. The clock can stop for up to 5 years while the criminal investigation or trial is going on. Even with this extra time, it is better to act quickly to make sure evidence does not disappear.
The Burden of Proof in Civil Court
One important thing to know is that you do not have to prove the case beyond a reasonable doubt. That high standard is only for criminal trials. In a wrongful death lawsuit, you use a standard called the preponderance of evidence.
This means you only have to show that your version of what happened is more likely than not. If the jury believes there is at least a 51 percent chance that the defendant was at fault, you can win. This is why some people are found not guilty in a criminal trial but are still held responsible in a civil lawsuit.
Get Help After a Tragic Loss
Going through the legal process while you are grieving is very difficult. You should not have to handle insurance companies and court dates alone. Our team at Chance, Forlines, Carter & King, PC is here to listen to your story and help you understand your rights. We work on a contingency fee, which means you do not pay us anything unless we win money for you. Call us today at 404-760-7400 for a free talk about your case.