• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Westmoreland Law: Georgia Personal Injury Law Firm

Westmoreland Law: Georgia Personal Injury Law Firm

..

  • Attorneys
  • Practice
    • Personal Injury
    • Workers’ Compensation
    • Social Security Disability
    • Car Accidents
    • Truck Accidents
    • Motorcycle Accidents
    • Wrongful Death
  • Results
  • Testimonials
  • Resources
    • Accident Guides
    • Blog
    • Community & Events
    • First Responders
    • Free Car Seat Safety Check
    • Attorney Videos
    • Scholarships
  • Contact
  • Free Consultation800-688-1651Se habla Español
Free Consultation800-688-1651Se habla Español

Requirements of a Georgia wrongful death claim

    Free Consultation

    This form doesn't establish an attorney-client relationship. DO NOT send confidential or time-sensitive information.

    Georgia Injury Attorneys (Home) / GA Accident Guides / Requirements of a Georgia wrongful death claim

    When it seems the negligence of another caused a fatal crash that killed a loved one, a wrongful death action may be necessary to hold that person responsible.

    In 2012, 33,561 people died in motor vehicle accidents according to statistics from the National Highway Traffic Safety Administration. That was a 3.3 percent increase in deaths from 2011.

    While these numbers may seem a bit dated, they are the most recent publicly available statistics from the federal agency. A preliminary report from the National Safety Council earlier this year estimated a decrease in motor vehicle fatalities in 2013. However, the group still believes that more than 30,000 perished in auto-related crashes during 2013. Most of these accidents result from human error.

    A human error does not always arise to the level of negligence, carelessness or recklessness. But there are several categories, such as texting while driving, impaired driving, speed and fatigue that may tip into the realm of negligent actions. A wrongful death lawsuit provides a remedy for loved ones when negligence caused a fatal crash. Of course, few admit to negligent conduct, so it often requires a thorough investigation to uncover.

    Here are some the basic requirements in a wrongful death lawsuit.

    Who brings a wrongful death lawsuit?

    The surviving spouse, parent or a child or children may bring the wrongful death action.

    One tragedy surrounding fatal auto accidents is that often the person killed is in the prime of life with a spouse and small children. Determining losses can also prove difficult and an expert might be needed to calculate lost future earnings taking into account yearly raises, possible missed promotions and inflation. Funeral expenses, medical bills, pain and suffering along with loss of consortium also factor into a damages award.

    Joint negligence

    In some cases, more than one person might have been negligent in causing an accident. One driver may have been impaired and speeding faster than the conditions allowed. The other driver may have parked in an unlawful location. It would be up to a jury to assign fault between the parties.

    Georgia law does not allow a plaintiff to recover any damages, however, if he or she was 50 percent or more at fault for the accident that caused the injuries. If a jury finds the plaintiff was 15 percent responsible for the crash, then the final award amount would be reduced by that amount.

    Is there a timeline for filing a claim?

    In Georgia, state law requires that personal injury claims generally must be filed within two years. The limitations period is shorter for a claim brought under the Georgia Tort Claims Act against the state. A plaintiff only has 12 months from discovering an injury to file suit.

    After the loss of a loved one, it often takes time for the shock to subside and to return to everyday life. While planning final arrangements it is also important to contact a personal injury attorney to discuss the circumstances of the fatal accident and possible remedies.

    FREE Consultation
    800-688-1651  Se habla Español

    Other articles you might like

    • How to Prove Wrongful Death in Macon, Georgia
      How to Prove Wrongful Death in Macon, Georgia
    • Fatal Truck Accidents & Wrongful Death <br>in Macon, GA
      Fatal Truck Accidents & Wrongful Death in Macon, GA
    • Who Can File a Wrongful Death Suit in Macon, Georgia?
      Who Can File a Wrongful Death Suit in Macon, Georgia?

    sidebar

    KC Accident Guides Sidebar

    Macon, Georgia Personal & Worker Injury Legal Library

    personal injury Personal Injury
    car accident Car accident
    truck accident Truck accident
    motorcycle accident Motorcycle accident
    workers comp Workers Compensation
    social security disability Social Security Disability
    premises liability Premises Liability
    dangerous and defective products Dangerous & Defective Products
    nursing home abuse Nursing Home Abuse
    catastrophic injuries Catastrophic Injuries
    wrongful death Wrongful Death

    Footer

    Once again, Westmoreland Law has been recognized by its peers as part of an elite group of approximately 10 percent of all attorneys who hold an AV Preeminent Rating. An AV Preeminent Rating is a designation trusted worldwide by buyers and referrers of legal services.

    Get a Free Consultation

      The use of this form does not establish an attorney-client relationship. DO NOT send confidential or time-sensitive information.

      Facebook
      LinkedIn
      Twitter
      YouTube
      Macon 577 Mulberry Street
      Suite 600
      Macon, GA 31201-8242
      478-745-1651 Directions
      Albany 2410 Westgate Drive
      Suite 101
      Albany, GA 31707
      229-438-8908 Directions
      Warner Robins 310 Margie Drive
      Warner Robins, GA 31088
      478-328-8300 Directions
      © 2023 by Westmoreland, Patterson, Moseley & Hinson, L.L.P. All rights reserved. Disclaimer | Site Map Privacy Policy TOP