Gwinnett County Wrongful Death Attorney

When an individual passes as a result of a wrongful death, the resulting suit will have two parts. There is the estate claim, which is the claim that the decedent could have pursued had they survived the accident, and the wrongful death claim.

In terms of the estate claim, only the executor of the estate is legally allowed to file. An executor is a person who has the legal authority to act on behalf of another, and when a person passes their estate can stand in their shoes legally.

The wrongful death claim is also known as the “full value of life” claim. Through this claim, certain damages can be recovered to compensate for the loss of your loved one’s financial and emotional contribution to your household, as we’ll discuss below.

The following family members can bring a wrongful death claim under Georgia Law:

• The spouse of the victim – When the accident led to the tragic loss of a married person, their spouse has a legal right to bring a wrongful death claim on their behalf.
• Surviving offspring – The children of the victim generally benefit from a wrongful death settlement and can bring the action themselves if the deceased was unmarried. If the victim was married, the children and surviving spouse split the compensation.
• Surviving parents – Should the decedent have no surviving spouse or children, their parents can bring the wrongful death lawsuit, with damages split evenly between the surviving parents.
• The estate administrator – When there are no surviving children, parents, or spouse, the administrator of the victim’s estate may file a wrongful death lawsuit on their behalf.

Filing can be a relatively difficult process and must be done properly for the courts to recognize it.

For example, when there is a surviving spouse and children, the spouse will generally be entitled to at least 1/3 of the compensation no matter how many children there are. These details might not be easily discoverable, and without experience working on other wrongful death cases, you will be at a significant disadvantage.

This is where the value of working with an attorney comes into play.

As noted above, the estate claim can only be brought through the executor of the estate. The executor of an estate is a person with legal authority to advance the interests of the estate. This could be a relative of the deceased, or it could be an experienced attorney working to advance your best interest.

When it comes time to file a lawsuit, it is important to understand that your rights have an expiration date. This expiration date of your right to attempt to collect compensation for your injuries is called the statute of limitations.

If a claim is not brought during the statute of limitations, then you will lose your right to ever pursue compensation related to the accident.

In Georgia, the statute of limitations for a wrongful death claim is usually two years from the time of the death. This means from the date of the person’s passing, as opposed to the date of the accident which would apply in personal injury cases with a surviving victim.

The estate claim generally will have five years from the date of death. When an accident leads to incompetence in the form of a coma, unconsciousness, or otherwise, the statute of limitations begins when they regain consciousness.

It is essential that you file your claim on time or you will lose the ability to collect anything in the future.

Additionally, it is important to understand that if you accept a settlement, that is all you can possibly collect. If it fails to cover a great deal of what you are entitled to, it will be too late. Accepting an offer of settlement from an insurance company without speaking to an attorney can put you at risk of being taken advantage of.

The compensation available to you is different between the estate claim and the wrongful death claim.

As explained, an estate claim is the claim that the person could have brought if they had survived the accident. This includes medical bills from the accident before death, and in some circumstances, damages may be available for conscious pain and suffering experienced prior to death.

While the estate claim covers many of the direct costs of the loss of your loved one, it does not account for the financial and emotional loss to your household.

Through the wrongful death claim, you can recover damages for the value of the deceased person’s life. This includes compensation for the loss of their financial contribution to your household through the remainder of their working life years.

For example, let’s say your loved one used to pick up your kids from school and watch them for you until you got off work. That’s a significant service to provide someone, and the cost of things like gas, toys, snacks, and time spent with the children adds up quickly.

Calculating the present value of many years of future wages is complex. A wrongful death claim includes elements of both personal injury law in addition to a strong understanding of present and future costs and how to calculate them into a proper settlement.

Working with a Gwinnett County wrongful death attorney will ensure that no boxes go unchecked and that the amount you pursue is the full amount of compensation you are entitled to.