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What Does Wrongful Death Mean and How Are These Cases Settled In Georgia?

Wrongful Death Cases in Georgia

The passing of a family member or loved one is never easy, especially when it happens unexpectedly and becomes a wrongful death claim. Knowing where to go next can seem like a daunting task to undertake, but Cheves Briceno understands the severity of handling wrongful death cases in Georgia. Making sense of the statute of limitations for wrongful death can be confusing for many who have never dealt with a case of this nature before. Cheves Briceno is here to answer your questions, calm your nerves, and explain the Georgia wrongful death statute so you and your family can approach your case with education and caution. 

Wrongful Death

What Does Wrongful Death Mean?

When asking the question, “what does wrongful death mean?” Cheves Briceno tends to focus on what happened to the victim at hand. Simply put, a wrongful death case in Georgia occurs when one person dies due to the legal fault of another. There is a wide range of ways this could come about, but common examples include car accidents, medical malpractice, defective products, and pedestrian accidents. In these scenarios, there is a person at fault who caused the wrongful death of another, typically without criminal or harmful intent. In a wrongful death suit, the claimant is the person suing on behalf of the deceased individual, and the defendant is the person or other entity alleged to be at fault in the claim.

Wrongful death cases in Georgia most likely stem from negligent acts of another, such as running a red light or occupational hazards at work. While most wrongful death cases in Georgia start with negligent acts, some evidence can prove harmful intent towards the victim after further investigation. Cheves Briceno believes that as much evidence as possible should be uncovered to have the strongest case against the opposing party in these scenarios. Now that we have covered the basics of “what does wrongful death mean?” we will move on to what the statute of limitations for wrongful death looks like for the state of Georgia.

What Does The Georgia Wrongful Death Statute Look Like?

The statute of limitations is a prescriptive period, which sets the amount of time that the involved parties have to dispute the case at hand before it goes void. The statute of limitations for wrongful death within the state of Georgia is set at a maximum of two years from the date of the deceased’s death. This means that for the Georgia wrongful death statute, if you desire to file a claim in motion, your family must take legal action within two years of the death, or else the deceased’s death case goes void and it cannot be brought into a court of law after that. 

The statute of limitations for wrongful death in the state of Georgia stipulates that you have two years to file for compensation following the death of a family or loved one. However, there are some cases that may qualify for time extensions, but that is never guaranteed. Cheves Briceno recommends filing within the first two years to properly ensure that you can seek monetary damages for your losses. The last thing we want to happen is for your family to be barred from seeking compensation after the two years are up.

What Is The Process for Filing Wrongful Death Cases In Georgia?

Starting this process begins with checking the statute of limitations for wrongful death. Cheves Briceno will make sure that you and your family have enough time to properly file your claim. Once the Georgia wrongful death statute has been cross-checked with your case, Cheves Briceno will begin to work with your party to understand your case. This discovery process will allow our attorneys to grasp the important details of your case so that we can uncover all of the proper evidence necessary to bring the case to trial. After the case has been thoroughly examined and the trial date is set, a Cheves Briceno attorney will fight to get the compensation your family deserves following the wrongful death accident. 

Who Can File for Wrongful Death Cases In Georgia?

It is important to note that not anyone can file on behalf of a loved one, and there are stipulations as to who is allowed to file a claim for a wrongful death case. In most cases, there are just three groups of people who are allowed to file for wrongful death cases in Georgia.

  • The Parents of the Deceased
    • In the case of wrongful death, the living parents of the deceased are allowed to file a claim within two years of the deceased’s death, following the Georgia wrongful death statute. The caveat here is that the parents are only able to file a claim if the deceased was not married/had no spouse. In addition, the parents cannot file if the deceased had any children. 
  • The Spouse of the Deceased
    • In the case of wrongful death, the spouse or married partner to the deceased is the first person who is allowed to file a claim within two years of the deceased’s death, following the statute of limitations for wrongful death. In addition, the spouse or married partner has the ability to file the suit on behalf of any children of the deceased who are under the age of 18. In any case, the spouse or married partner is immediately entitled to one-third of whatever the compensation may be from the filed claim. 
  • The Estate of the Deceased
    • In the case of wrongful death, the only other party who is allowed to file on behalf of the deceased is the designated representative of the estate of the deceased. This requires legal documentation to prove your status, and this can only take place if the spouse, children, or parents do not file a claim to seek financial recovery from the opposing party. 

What Is The Average Time for Wrongful Death Settlement To Reach A Verdict?

All wrongful death cases in Georgia are different, and no two look the exact same. Cheves Briceno approaches each wrongful death case individually, and we treat all of our cases with the utmost care. The average time for wrongful death settlements to be resolved from start to finish truly varies, and the timeline for these cases changes in relation to what happened within the case. In cases that don’t need extensive litigation or evidence, the turnaround time could be several months. On the other hand, the average time for wrongful death settlements can reach upwards of several years if further evidence is needed or if the investigation needs to be extended to bring the case to trial properly.

Following The Georgia Wrongful Death Statute to Receive Compensation for Losses

Cheves Briceno wants to help you and your family receive the most accurate financial compensation for your losses. We will always work with you to make sure your claim is filed timely and properly to meet the statute of limitations for wrongful death in the state of Georgia. Cheves Briceno has extensive experience in resolving various wrongful death cases in Georgia, and we will handle yours with compassion and continual support. If you have any questions at all regarding “what does wrongful death mean?” or how long your case may take to resolve, please contact Cheves Briceno today at one of our offices!

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