Who is entitled to recover for the loss of a loved one?
When it comes to who can file a wrongful death case, there are certain limitations. The law allows a surviving spouse, intimate partner, or child to claim on behalf of the deceased person. If these relatives do not exist, anyone who is entitled to the deceased person's property or estate will file in their place. Plaintiffs may demand damages such as compensation for medical expenditures, funeral and burial expenses, as well as lost inheritance, lost income, and the value of a person's household services. The statute of limitations in this case, as in all personal injury claims, requires that an individual must sue before the 2-year mark from the date of discovery of the injury.
According to Georgia law, if a spouse files a claim and there is no Will, they must divide a portion of the proceeds from any wrongful death lawsuit with the children. However, Georgia law normally ensures that the spouse can receive one-third of any wrongful death damages recovered. If a minor child is involved, the parent or legal guardian has the right to recover before the minor is older).
What can be recovered after a Wrongful Death case?
There are certain damages that can be sued for in order to claim full compensation for the loss and suffering following a wrongful death case. Funeral and funeral costs, loss of income, including the deceased's long-term future possible earnings, hospital bills incurred before the deceased passed away, loss of parental guidance, loss of marital ties, and loss of love and support systems will all be protected by monetary compensation.