How long do wrongful death cases take?
How long do wrongful death cases take?
When a loved one has died due to another person’s negligent or wrongful actions, the deceased person’s family members are entitled to bring forth a wrongful death claim. Wrongful deaths are often caused by car accidents, truck accidents, work accidents, drug accidents, defective products, and medical malpractice.
A wrongful death case length can be a few months at best, but some cases take one or more years. The length of time to settle a wrongful death case depends on the circumstances, the fault of the accident, and other factors.
Many wrongful death cases can be settled outside of court without a lawsuit. There is a better chance that the case will settle quickly if it is clear that the other side is liable.
How Wrongful Death Cases Work in Georgia
When it comes to wrongful death cases in Georgia, the laws are held under O.C.G.A § 51-4-2, stating which family members can pursue legal action to recover the full value of the deceased person’s life. Value is determined according to the deceased person’s perspective and the rules surrounding these types of cases.
In O.C.G.A § 51-4-2, the Georgia State Legislature states that the surviving spouse is entitled to bring forth action for the wrongful death of a spouse. If there is no surviving spouse, then a child or children can recover damages for the homicide of the parents. If there is no surviving spouse or children available to bring the wrongful death claim to court, the deceased person’s parent(s) or a personal representative of the deceased person’s estate can do so.
A wrongful death case settlement will be equally divided upon the children and the spouse, with the spouse receiving no less than one-third of the total compensation from the lawsuit. When the deceased person’s children are minors, a legal guardian must keep the settlement winnings and use the money for their benefit.
If it is a personal estate representative bringing forth action, the recovered damages will be used to benefit the next generation of family members. In addition, recovered compensation is not legally allowed to be subject to any debts or liabilities of the deceased person.
Wrongful Death Damages and Claims
When a wrongful death claim is brought to the court, there are two types of claims that are covered, including the “full value of the deceased person’s life” and related financial losses. This includes many different factors, such as relationships, income, daily activities, and more.
In addition to the full value of the person’s life, the family members may bring forth an estate claim to recover financial compensation for the suffering experienced during the accident which led to the death of the individual.
Other types of damages that often accompany wrongful death claims include medical bills and expenses, property damages, general damages, lost wages, and more.
Statute of Limitations for Wrongful Death Lawsuits in Georgia
It’s important to realize that all wrongful death claims must be brought to the local court within a specified period of time. According to O.C.G.A. § 9-3-33, wrongful death claims must be brought to the court within two years of the accident or misconduct that caused the death of the spouse or parent.
How Haug Law Group Can Help
James Haug is a top Atlanta-area wrongful death lawyer with success in fighting big insurance companies to receive fair settlements for his clients. While insurance companies will do their best to keep your case out of court and offer you the lowest settlement possible, the at-fault party should be held fully responsible for your loved one’s death, no matter if it was intentional or not.
Haug Law Group knows how important it is to file a wrongful death case quickly to keep the legitimacy of all of the evidence from the accident. We know how to help you get the compensation you deserve when a loved one has died due to someone else’s wrongful actions or negligence. Let us help guide you through the legal process of getting justice for your loved one and your family.
Contact Us To Get a Free, No-Obligation Consultation
Haug Law Group is here to help you with your wrongful death case. We’d love to meet with you to discuss your case in a free case evaluation and consultation. Upon learning about your case, we can help you decide the best path ahead and answer any questions you have about the legal process. Let us help you win justice and get you through this tough time.
Contact our team today at (844) HAUG LAW or send us a message to schedule your free case evaluation today! We look forward to meeting you.