Tragedy struck the Cobb County community last month when Lakeisha Clark died due to injuries she suffered in a car crash. Reports state that Lakeisha was legally attempting to turn onto a connector road when the driver of a Dodge Durango ran a red light and struck her Honda Accord. The driver of the Durango, 33-year-old M.D. Shafiullah, was taken to the hospital. He is expected to make a full recovery.
When accidents like this happen, surviving family members may pursue a wrongful death suit against the driver who caused the wreck.
Wrongful Death in Georgia
Georgia law defines wrongful death as causing another’s death by a “negligent, reckless, intentional, or criminal” act. The law defines negligence as causing harm to another by a failure to use reasonable care.
To be successful with a wrongful death claim, the decedent’s family needs to prove that the accident occurred because of the other driver’s negligence. Georgia law has a framework for who may bring a wrongful death action to court.
Types of Wrongful Death Claims
Georgia law has two categories of wrongful death claims. The first is a claim for the “full value of the life of the deceased.” This claim is to calculate the monetary damages and value, both tangible and intangible, of the deceased person’s life. Calculated factors include:
- lost wages and benefits, based on what the deceased person would have reasonably earned; and
- loss of companionship and similar intangible benefits that the deceased would have provided to loved ones.
The second claim remedies any financial losses related to the deceased person’s death. The deceased person’s estate brings this claim in court. Recoverable damages include:
- medical expenses from the deceased person’s injury;
- funeral and burial expenses; and
- the deceased’s conscious pain and suffering just before death.
How to File a Claim
Generally, the spouse of the deceased can bring the claim. If the spouse and the deceased person had minor children, the surviving spouse must also represent the interests of the children in court. The law says the surviving spouse must receive no less than one-third of the total recovery, regardless of surviving children.
If no surviving spouse or children are available to bring the claim in court, the deceased’s surviving parent(s) or the deceased’s estate’s personal representative may file a wrongful death claim.
Georgia’s Statute of Limitations
In Georgia, the statute of limitations mandates that wrongful death claims must be filed within two years of the date of death. If the claim is not filed within the two-year time limit, the right to sue is lost.
Note that if there is a parallel criminal case to the wrongful death suit, the statute of limitations tolls until the criminal trial is completed. In addition, the wrongful death statute of limitations would toll for five years until the estate is probated.
Lakeisha Clark’s death was tragic. Although her family cannot bring her back, it may be entitled to compensation under Georgia’s wrongful death law. If a loved one died due to someone else’s negligence, you need a lawyer who will aggressively pursue the compensation you deserve. Contact the law firm of Williams Elleby Howard & Easter to speak to a Cobb County wrongful death lawyer today.
