Duluth Wrongful Death Attorney

What is a Wrongful Death Claim?

Unfortunately, wrongful death claims are not automatic. They must be pursued by drafting and filing a claim, generally with the other party’s insurance company.

Perhaps the most important thing to understand about wrongful death claims is that they’re actually made up of two different claims: the “estate claim” and the “full value of life claim.”

As you can imagine, due to these nuances, wrongful death claims can be particularly confusing. Below, we highlight some of the most important things to keep in mind.

1. Who Can File

Under the Georgia Code, the parties who are able to bring a wrongful death lawsuit are:

“The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.”

The final element of this statement, “as shown by the evidence,” is especially important, and that’s why it’s crucial to hire a Duluth wrongful death attorney from Rafi Law Firm.

People who may file a wrongful death lawsuit are ranked in the following order:

1. The deceased person’s spouse. If no spouse:
2. The deceased person’s children. If no spouse or children:
3. The deceased person’s parents. If no spouse, children, or parents:
4. The deceased person’s siblings.

Remember, an estate claim is different from a wrongful death claim. In an estate claim, only the executor of the deceased person’s estate can file.

2. Statute of Limitations

In general, your wrongful death claim must be filed within two years of your loved one’s death. However, there are some unique circumstances in which the statute of limitations could be longer or shorter. For example, if the death was initially put down as natural causes but is later revealed as the result of a crime, the statute of limitations will be extended in order to hold an investigation.

Speak with a Duluth wrongful death lawyer to discuss the unique circumstances of your claim and learn what options you might have.

3. Settlement or Verdict

When you have a wrongful death claim, you will receive compensation in one of two ways. The first of these ways is through a settlement. A settlement happens after you draft a claim with sufficient evidence and submit it to the insurance company, where it is accepted, and the insurance company offers you an amount.

When the insurance company denies your claim or refuses to provide a fair amount, then you may need to file a lawsuit and recover damages through a verdict against the defending insurance company.

Here’s what Georgia law says regarding how the money will be split up:

• A surviving spouse with no children will take the whole settlement
• A surviving spouse with children will take ⅓ of the settlement, and the children split the rest
• Where there is no surviving spouse or children, the surviving parents will split the settlement equally.

While it might sound complicated, you won’t have to worry if you have an experienced wrongful death lawyer. They’ll handle the details from beginning to end.