The death of a loved one due to another’s negligence is tragic. As the result of losing a loved one, families are left to deal with not only the emotional burden, but also the financial burden associated with such a loss. In legal terms, wrongful death is the loss of a life as a result of another’s negligence. Wrongful death lawsuits seek to hold another party liable for a preventable loss of life. Although no amount of compensation can replace a loved one, Georgia wrongful death laws are crafted so that a victim’s family can seek compensation.
Kimelyn Minnifield has been successful in securing compensation for families whose loved ones have lost their lives as a result of automobile accidents, tractor trailer accidents, motorcycle accidents, pedestrian accidents and swimming pool drownings.
Georgia law is different than the law in many other places as it separates the entire Wrongful Death claim into several parts. The claim itself is separated into the following claims:
The first two parts of the claim can only be brought by the administrator of the decedent’s estate. This is one reason that the administrator of the estate must be carefully chosen. The administrator plays a vital role in all aspects of the case; from pre-litigation, litigation, and trial. The administrator is responsible for bringing the claim/claims for medical expenses, pain and suffering, and end of life expenses on behalf of the estate.
The third part of the claim is considered the claim for the “full value of the life” of the decedent. Georgia is different from many states in that the “full value of the life” is considered not from the perspective of a juror and how that juror might value life in general, or “their own” life, but particularly how the juror perceives that the decedent valued their own life and the monetary value the decedent would have put on their own life.
Georgia law specifies who may file a wrongful death suit. All civil lawsuits for wrongful death must be filed within a period of two years, with limited exceptions that may shorten that period.