Losing a cherished loved one can be devastating. When you learn that your family member’s untimely death was preventable and that another person or entity’s wrongful, reckless, or negligent actions caused it, you may be feeling a range of emotions and want to fully hold the liable party accountable.
You can seek justice when you pursue legal action against them. You also can get help during these challenging times when you reach out to a Covington, GA wrongful death lawyer from Kaine Law. We can help you review the legal recourse available to you during a free consultation with our team.
What Are Wrongful Death Actions in Covington?
Under O.C.G.A. § 51-4-1, wrongful death occurs when “all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.”
This means wrongful death happens when one person is responsible for causing another’s death, whether it be through an intentional act or a negligence-based incident, such as medical malpractice, for example. If it had not been for the defendant’s actions in your case, the decedent might still be alive today.
For a free legal consultation with a wrongful death lawyer serving Covington, call 404-214-2001
Compensation in a Covington Wrongful Death Action Lawsuit
When you pursue your wrongful death lawsuit in Covington, your family has the right to recover specific losses under O.C.G.A. § 51-4-5(b). These are separated into two separate categories. The first compensates the surviving family members for the “full value of the life of the decedent.” Some of the damages that may be included in this category include:
- Loss of companionship and love
- Loss of advice and counsel
- Loss of comfort, care, and support
- The decedent’s lost wages
- The decedent’s loss of potential future earnings, including bonuses, salary increases, and retirement savings plan contributions
The second category encompasses damages intended to compensate the decedent’s estate for specific types of financially based losses, such as:
- The decedent’s medical expenses as related to their fatal injury
- Funeral and burial expenses
- Other relevant expenses related to the decedent’s fatal injury or wrongful death
You can learn more about what your family’s Covington wrongful death lawsuit is valued at when you contact our office to discuss the ways the loss of your loved one has impacted your lives, or read about recoverable damages in a wrongful death case.
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Who Can File a Wrongful Death Action in Georgia?
Although you may want to start your Covington, GA wrongful death lawsuit now, you must find out if you are eligible to proceed. Only specific parties have the right to pursue wrongful death actions on the decedent’s behalf under the law, as O.C.G.A. 51-4-2 shows. Below are the family members, in order, who can pursue a wrongful death action in Covington, Georgia:
- The decedent’s surviving spouse
- The decedent’s surviving children
- The decedent’s surviving parents
- The executor or administrator of the decedent’s estate
Georgia’s wrongful death laws do not allow siblings, nieces, nephews, cousins, uncles, aunts, or other family members to pursue wrongful death actions. However, if the administrator of the decedent’s estate files the wrongful death lawsuit, any damages awarded will then be held by the state to benefit the decedent’s next of kin.
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How Long Do You Have to File Your Covington Wrongful Death Lawsuit?
Like most legal matters, wrongful death lawsuits have a statute of limitations deadline. The decedent’s family or administrator of the estate must file the action before the deadline expires. For most Georgia wrongful death cases, the statute of limitations expires two years after the decedent’s death, per O.C.G.A § 9-3-33. Failure to file your lawsuit before the two-year deadline expires will result in the loss of your right to bring forward a lawsuit.
The Statute of Limitations Deadline May Be Paused in Some Cases
The statute of limitations deadline could be tolled or delayed under limited circumstances. If the decedent died because of a crime, the statute of limitations on your wrongful death lawsuit could be suspended for a maximum of six years until the criminal case against the defendant is complete under O.C.G.A § 9-3-99. The two-year statute of limitations would begin from the date the defendant’s criminal trial was resolved.
If the decedent’s estate was not put through probate, the statute of limitations might be tolled for a maximum of five years under O.C.G.A § 9-3-92. If you have questions or concerns surrounding when the statute of limitations expires in your Covington wrongful death case, do not hesitate to contact our attorney to discuss your case.
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What Is the Difference Between Criminal Charges and Civil Cases?
Pursuing a civil wrongful death lawsuit is different from the criminal charges the liable party might face in your loved one’s death. In criminal cases, the state prosecutor must bring charges forward. They will likely seek criminal penalties, including fines, restitution, and jail or prison time. The prosecutor must prove guilt beyond a reasonable doubt for the judge or jury to convict the defendant.
This is a stark contrast from wrongful death actions, which are brought forward by the families of those killed because of another’s negligent or wrongful acts. In a wrongful death lawsuit, you seek compensation for the damages the decedent and your family endured. Your case rests on proving liability based on a preponderance of the evidence. This means the evidence must show that the defendant in your case is more than likely liable given the evidence presented.
Get a Free Consultation to Discuss a Covington, GA Wrongful Death Case
The wrongful death action process can often be complex, which is why many who file wrongful death lawsuits seek legal counsel to help them navigate it. Kaine Law’s Covington wrongful death lawyer will advocate for justice for your loved one and your family. You could recover damages that can make it easier to cover your loved one’s end-of-life expenses and provide some financial relief for the family. We also serve Covington, GA for personal injury, car accidents, and more.
Our team will help your family make the culpable party pay for their recklessness. You can call our office at (404) 214-2001 today for your no-cost, risk-free consultation.
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