Georgia Legal Guide: Wrongful Death Legal Claim FAQS

When no one else is entitled to bring a wrongful death claim, then the administrator or executor of the person who died can bring a claim to benefit the next of kin.

An executor or administrator is typically named in an individual’s will and can be anyone over the age of 18 who is of sound mind. This person is usually someone that the deceased individual entrusted to properly administer their estate upon death.

An executor or administrator has the power to file a wrongful death claim only when no spouse, children, or parents survive the deceased person. A probate court can assign an executor or administrator if there’s not one provided for the deceased person’s estate.

In most cases, a boyfriend or girlfriend is not automatically entitled to wrongful death compensation, even if they are appointed as the executor or administrator of the deceased's estate. Wrongful death compensation typically goes to the legal heirs or closest family members of the deceased, such as spouses, children, or parents, according to state laws. However, if the deceased's will explicitly includes the boyfriend or girlfriend as a beneficiary, they might receive compensation through the estate. The role of an executor or administrator is primarily to manage and distribute the estate's assets as per the will or state laws, rather than to personally benefit from compensation awarded in a wrongful death case.

If you need to file a wrongful death claim, you should hire a personal injury attorney who specializes in these types of cases. Look for an attorney with a lot of experience in wrongful death claims and a good record of winning cases or getting good settlements. It's important that they understand the legal and medical details of your case, are kind and supportive, and have the right resources to help you, like medical experts. Make sure they explain things clearly and have a payment plan that makes sense for you, usually taking a percentage of the money you win rather than charging upfront. It's also a good idea to choose someone who knows the laws in your area and is good at both negotiating and going to court if needed. Before deciding, talk to a few different lawyers to find the best one for you.

To have a wrongful death claim it is not a requirement for the party at fault to have insurance, but having it can simplify the process of obtaining settlement payments. Without adequate insurance, it may be harder to receive the settlement amount. Insurance companies are generally more consistent in paying out for wrongful death claims, either in a settlement agreement or after losing in court. Some businesses or corporations might be self-insured and able to pay settlements, but securing large amounts from them can be difficult without proper insurance coverage. If the at-fault party lacks insurance or the backing of a financially strong organization, acquiring compensation becomes increasingly challenging and is not a guarantee.

In a liability insurance policy, wrongful death claims are generally covered under the Bodily Injury Liability (BIL) section. This part of the policy is specifically designed to provide coverage in instances where the policyholder is legally liable for causing injury or death to another person.
It includes financial protection for various damages such as medical expenses, funeral costs, loss of income, and pain and suffering from the deceased's family or estate. Additionally, this coverage typically encompasses legal defense costs if the insured is sued, up to the policy's defined limits. However, the specifics and extent of coverage can vary between different insurance policies and jurisdictions.

Generally, a wrongful death lawsuit must be filed within two years of an individual’s death. However, this limitation can be extended if there is a pending criminal case or if the deceased person’s estate has not been processed through probate.

Yes, the loss of a loved one due to murder or a criminal act can qualify for wrongful death compensation. In wrongful death cases, the claim is a civil action separate from any criminal proceedings that might be pursued by the state. This means that even if a criminal case is ongoing or has concluded, the family of the deceased can still seek civil compensation for their loss. The key aspect of a wrongful death claim in the context of a crime is proving that the death was caused by the wrongful or negligent actions of another party, which in the case of murder or a criminal act, is often clear.

However, it's important to note that the standards of proof in a civil wrongful death case are different from those in a criminal trial. In a criminal case, guilt must be established "beyond a reasonable doubt," whereas in a civil case, the standard is typically "a preponderance of evidence," which is a lower threshold. This means that a party can be found not guilty in a criminal trial but still be held liable in a civil wrongful death claim.