Georgia Complaint for faulty construction of stairs - Personal Injury and Wrongful Death
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How to fill out Complaint For Faulty Construction Of Stairs - Personal Injury And Wrongful Death?
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FAQ
In cases where the death is not immediate, Georgia law permits the decedent's Estate to pursue a claim for all conscious pain, mental anguish, medical expenses, lost income and other damages suffered by the decedent between the time of his injury and resulting death.
Punitive damages, which are damages awarded only in cases of egregious misconduct and are intended to punish the wrongdoer, are recoverable in a survival action. A wrongful death lawsuit must be brought within two years from the date of death.
The other claim, called the estate claim, permits the family of the decedent to recover for the pain and suffering of the decedent, any medical bills incurred before death, funeral expenses, and a few other items. In Georgia, any claim for punitive damages must also be brought by the estate.
Punitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.
In Georgia, the survival action statute states that a decedent's estate representative must file a survival action. That is typically the estate's executor or an administrator. In most cases, the court will appoint a family member of the decedent to serve as the estate executor or administrator.
A survival action lawsuit enables you to hold an at-fault party responsible for their actions that lead to a loved one's death. You must file a survival action lawsuit while your loved one is still alive, and the claim continues following their death.
Under Georgia premises liability law, accident victims can hold the owner or occupier of property liable for negligently causing or negligently failing to repair, correct or warn about these and other unsafe conditions which lead to personal injury or wrongful death.
What is Negligent Security in Georgia? All Georgia property owners and occupiers have a legal responsibility (O.C.G.A. §51-3-1) to provide their invitees or guests with 'adequate' security that meets reasonable expectations.