Personal Injury Versus Wrongful Death in Georgia
Personal injuries can take many different forms when they occur in the Macon area, and they can result from a wide range of accidents or intentionally harmful acts. Many personal injuries happen in motor vehicle collisions, including large truck crashes and pedestrian or bicycle collisions. Yet personal injuries can also result from dog bites, nursing home negligence, product defects, the negligent maintenance of property, and more. Depending upon the type of accident that causes the injury and how it happens, personal injuries can range from relatively minor to deadly.
Since personal injuries can be both nonfatal and fatal, it can be difficult to understand what type of lawsuit should be filed in the aftermath of a serious accident. When should a personal injury lawsuit versus a wrongful death lawsuit be filed? Our Macon personal injury and wrongful death attorneys can explain in more detail, and we can speak with you today if you want to learn more about getting started on a claim.
How Georgia Personal Injury Lawsuits Work
When a person is injured in Macon or elsewhere in Georgia because of another party’s negligence or intentional wrongdoing (and sometimes under other theories of liability like strict liability), if that person survives the injury, they can often be eligible to file a personal injury lawsuit against the responsible party. In a personal injury lawsuit, the injured person is the one who brings the lawsuit and needs to prove the elements of the case (depending on the type and nature of the injury) in order to receive damages.
Most personal injury lawsuits must be filed within two years from the date that the injury occurs under Georgia’s personal injury statute of limitations.
How Georgia Wrongful Death Lawsuits Work
What happens when a person sustains immediate fatal injuries in an accident, or ultimately succumbs to their injuries before they can file a personal injury lawsuit? The answer in many cases involves a wrongful death lawsuit. Wrongful death lawsuits can be filed when the injured person dies from their injuries (either immediately or after a period of time). In a wrongful death claim, Georgia law recognizes the right of another party to step into the deceased’s shoes, metaphorically, to hold the responsible party accountable and to seek damages.
Since the deceased is not alive to file a claim, who can file a wrongful death lawsuit? Georgia law lists the parties who are eligible to file, in the following order: surviving spouse, surviving child or children (if there is no surviving spouse), surviving parent or parents (if there is no surviving spouse or child), and executor of the deceased’s estate (if there is no surviving spouse, child, or parent).
Contact a Personal Injury and Wrongful Death Attorney in Macon, Georgia
Seeking compensation after a devastating accident can feel daunting, but one of the experienced Macon personal injury lawyers at the Law Offices of Buzzell, Welsh & Hill can help. We know how difficult it can be to think about a lawsuit in the aftermath of a serious injury, whether you have been injured yourself or have lost a loved one. Yet we also recognize the importance of filing a claim to seek the compensation you need at this difficult time and to hold the at-fault party accountable for the damages they have caused. Contact us today to find out more about how we can assist you with a personal injury or wrongful death claim in Georgia.
Sources:
law.justia.com/codes/georgia/2020/title-9/chapter-3/article-2/section-9-3-33/
law.justia.com/codes/georgia/2020/title-51/chapter-4/section-51-4-2/
