Augusta, GA Wrongful Death Lawyer

If a loved one has passed away and you come to believe that their death was due to the negligent, reckless, or criminal behavior of another, then the state of Georgia gives you a time period of two years after the death to file a claim with the court. After this amount of time, the court often will determine that the filer has no right to make their claim before the judge, and no lawsuit will come from it.

However, the statute of limitations is made longer if another case – regarding the same death – is currently being fought in court. For example, a criminal case which deals with this death will suspend the two-year time limit to bring forth a wrongful death case altogether.

The two-year statute of limitations begins once the criminal case is completed and out of court. Augusta, Ga and all other Georgia cities do not require that both cases be fought in court simultaneously.

The state of Georgia will also extend the statute of limitations in situations where the individual who has passed has an estate that is not probated. This unique circumstance would add five additional years for the deceased individual’s family or representative to file a wrongful death lawsuit, totaling a seven-year limit altogether.

Although two years is almost always the statute of limitations on wrongful death cases in the state of Georgia, this may change case to case in extenuating circumstances. It is highly recommended that you discuss your specific circumstances with an experienced Augusta, GA wrongful death lawyer. They will be able to answer your questions and help you understand your options moving forward.

Who Is Able to File a Wrongful Death Claim in Augusta, GA?

Since the individual that a wrongful death claim is made for has passed away, the claim must be filed by someone related to or representing that individual.

In the state of Georgia, the first person who is allowed to file a wrongful death lawsuit is the spouse of the deceased individual. In a situation where the deceased individual has children under the age of 18, the spouse is able to file the wrongful death claim on behalf of both themselves and all of the children.

In circumstances where multiple children are involved, the spouse of the deceased individual will receive at least one-third of the money from the court settlement while the rest of that money will be divided up among the children.

While spouses and children of the deceased are the first and most recognized parties to be allowed to file a wrongful death claim with the court, there may be situations in which the deceased individual was not survived by these family members.

If no children or spouse remains, a wrongful death lawsuit in Augusta, GA may still be possible to file. The following parties can be considered if this is the situation:

• One or both of the deceased individual’s parents
• A representative of the deceased individual’s estate

If the file is claimed by the deceased’s spouse, children, or parents, then the financial compensation or settlement will be given directly to them. However, if the file is claimed and won by a representative of the deceased’s estate, then the compensation will be held by the estate and saved to later be given to the next of kin.

The most important thing to remember when it comes to a wrongful death lawsuit is that negligent behavior has to be proven by the individual filing the claim. For this to occur, the state of Georgia must see that all of the following elements are present in the claim:

• An individual has passed away
• The death of the individual was, without a doubt, caused by a negligent or criminal act of another individual or organization
• The deceased individual’s spouse, children, or parents experience financial hardship as a result of the individual passing away
• If no surviving family is present to file a claim, a representative has been chosen to manage the deceased individual’s estate

Once these elements are established, your wrongful death lawyer in Augusta, GA will examine all of the evidence in the case. They will then fight the case in court, aiming to prove that the individual or organization filed against had a duty or responsibility to provide care to the deceased individual before their passing, that they neglected this responsibility, and that a cause of death has been determined.

The legal professionals at The Eichholz Law Firm have detailed knowledge and experience in proving negligence in cases like the ones mentioned in this article. Contact our office today to talk with us about the details surrounding your beloved family member’s wrongful death.