For many families, the decision to place a loved one in a nursing home is made with the expectation of a safe and caring environment. When that expectation is tragically broken, and neglect or abuse results in a resident’s death, the pain is compounded by the feeling that it could have been prevented. In these heart-wrenching situations, Georgia law provides a legal path for families to seek justice through a wrongful death claim.
Navigating this legal process can feel overwhelming during a time of grief. Holbert Law has extensive experience in handling these sensitive and complex cases, providing compassionate yet aggressive representation for families seeking accountability and closure.
Understanding Wrongful Death in Georgia
Under Georgia law, a wrongful death claim can be filed when a person’s death is caused by the “negligent, reckless, intentional, or criminal acts” of another person or entity. In the context of a nursing home, this means that the facility’s failure to provide adequate care, whether through understaffing, a failure to treat medical conditions, or outright abuse, can lead to a lawsuit.
There are two distinct types of claims that can arise from a wrongful death in Georgia:
- The Wrongful Death Claim: This is a claim for the “full value of the life of the decedent.” This is a unique concept in Georgia law that goes beyond just financial losses. It is filed by the surviving family members—specifically the spouse, children, or parents. The compensation is intended to cover both the deceased’s lost economic contributions (e.g., income, benefits) and the non-economic value of their life, such as the loss of companionship, guidance, and emotional support.
- The Estate Claim (or Survival Action): This claim is filed by the deceased’s estate to recover damages that the deceased person would have been entitled to had they survived. This includes medical expenses incurred prior to death, funeral and burial costs, and compensation for any pain and suffering the person endured before they passed away.
Holbert Law can help families understand the nuances of these claims and determine which is appropriate for their specific situation, ensuring all potential avenues for recovery are pursued.
The Legal Process and Timelines
Filing a wrongful death claim involves several key stages, and it is crucial to act quickly.
- Statute of Limitations: In Georgia, there is generally a strict two-year statute of limitations for filing a wrongful death lawsuit. This means that a family must file the claim within two years of their loved one’s death. While there are some narrow exceptions that can toll this deadline, it is imperative to contact an attorney as soon as possible to preserve your right to file.
- Investigation and Evidence Gathering: This is the most critical phase. An experienced legal team, like the professionals at Holbert Law, will launch a thorough investigation. This includes:
- Securing and analyzing the deceased’s medical records.
- Subpoenaing nursing home records, including staffing schedules, care plans, and incident reports.
- Interviewing witnesses, including family, other residents, and former staff.
- Working with expert witnesses, such as medical professionals and geriatric care specialists, to establish the link between the nursing home’s negligence and the cause of death.
- Filing the Complaint: Once sufficient evidence is gathered, your attorney will file a formal complaint against the nursing home and any other liable parties. This initiates the lawsuit.
- Discovery: Both sides will exchange information and evidence. This process often involves depositions, where witnesses provide sworn testimony, and a thorough review of all documentation.
- Settlement Negotiations or Trial: Many wrongful death cases are resolved through a confidential settlement. However, if a fair resolution cannot be reached, the case may proceed to trial, where a jury will hear the evidence and determine liability and damages.
Securing Justice and Compensation
When a nursing home’s negligence leads to a death, compensation is not just about money; it is a way to hold the facility accountable for its actions and prevent similar tragedies from happening again. Compensation can cover a range of losses, including:
- Economic Damages: Lost wages and benefits the deceased would have earned, medical bills from their final illness or injury, and funeral and burial expenses.
- Non-Economic Damages: The intangible value of the deceased’s life, including the loss of companionship, love, guidance, and the suffering endured before death.
- Punitive Damages: In rare cases of extreme negligence or malicious intent, a court may award punitive damages to punish the defendant and deter others from similar conduct.
Over the years, Holbert Law has seen how successful verdicts and settlements can not only provide financial stability for grieving families but also bring a sense of closure. These results demonstrate a legal team’s ability to prove negligence, overcome legal hurdles, and secure fair compensation. If your loved one passed away under suspicious circumstances in a Georgia nursing home, a thorough legal review is the first step toward getting the answers and justice you deserve.