The rules regarding wrongful death claims vary enormously across the states. If we talk about Georgia, this state withholds one robust legal structure to look over all such wrongful death claims.
In this article, we will be discussing every aspect of a wrongful death claim. But before we delve into the periods, let’s discuss when a case is eligible to be categorized as a ‘wrongful death claim.’
What Do We Mean by ‘Wrongful Death Claim’?
- According to Georgia state law, if any third-party entity causes the death of a person due to unnatural means like: Cruel intentions
- Reckless acts
- Negligent deeds
- Or criminally conspired
Then that death is liable to fall under the ‘wrongful death claim.’
Wrongful death claims based on negligence can also go for injury claims if the person is alive. The fundamental difference between a wrongful death claim and a wrongful injury claim is that the victim is not alive to present its case in a wrongful death claim. Instead, the victim’s case is put forth by close relatives or friends via an attorney.
Who is Allowed to File Wrongful Death Claims for the Deceased Victim?
It goes without saying that if the victim is alive and injured, they can sue the wrongful party on their own. While at it, a personal injury lawyer in Roswell, Georgia, might assist them with the case.
In cases of death, the situation is intricate. And if anyhow the deceased person has no family, the conditions can complicate further. So, we decided to outline each person eligible to claim for wrongful deaths in case of a deceased victim:
- If the deceased had a spouse, the spouse could put forth the claim along with their demands. Moreover, if the dead person had a minor child, the spouse is at liberty to represent their child’s interests in front of the court.
- The adult children of the dead are also fit to make claims on the accused party.
- The parents of the dead are also entitled to wrongful death claims in case the person is unmarried.
- The person who represents the estate of the dead, or we can say the deceased’s legal successor can also file for the claim.
Time Limits on Wrongful Death Claims in Georgia
The wrongful death claims in Georgia restrict to time limits.
- The time limit on making a wrongful death claim is two years, and one must make any such request within this time duration. Any claim made after two years holds no value and gets discarded.
- However, if your wrongful death claim event falls under criminal records, then your lawsuit gets paused until the criminal case proceedings get done. The two-year clock tolls again when the case gets completed.
If you need to make any such claims against wrongful activities, we suggest you contact our Macon, GA personal injury lawyer. For any further information, contact The Hurt 911 Injury Centers at 1-800-487-8911.