Within Georgia’s statutes are rules that dictate how wrongful death claims are handled. Wrongful death is the death of a person that is caused by an act that can be considered negligent, reckless, intentional or criminal of another person. The entity accused of causing the death may also be a business.
In a wrongful death case, the victim’s family or estate must be able to prove that someone was negligent. This is the same element that must be proven in a typical personal injury case. When a wrongful death case is filed, it is because the victim is no longer able to initiate their own case. Instead, the deceased person’s family members or representative must bring suit.
In the state of Georgia, the person bringing a wrongful death lawsuit to court has two years from the date of death to file sit. Once the two-year time limit has passed, the person no longer has the right to file claim. In the case of a criminal act, the statute of limitations is put on hold until the criminal case is completed. The statute of limitations begins running again once the criminal case is over.
If a loved one has been killed due to the negligence of another person or entity, you may have the legal right to file suit. An experienced attorney can provide free case evaluation to determine what you may be entitled to, as well as review the facts of your case and advise you of the next steps.