Georgia Wrongful Death

Under Georgia law, there are two claims that may be brought in this situation, the claim by the family members (the wrongful death claim) and the claim of the estate of the deceased (the estate claim). The claim holder is defined by statute and would first vest in the wife if there is one and then the children. If there is a wife and children, the wife holds the claim but must share any proceeds pursuant to the statute. If there is no wife or child then the statutory claim goes to the parents of the deceased. Finally, if there are no close relatives under that statute, then a personal representative may be appointed.

The person bringing a wrongful death claim (usually the surviving spouse or children) is entitled to be compensated for the full value of the life of the decedent, as shown by the evidence.  The full value of the life of the decedent includes economic damages such as a loss of lifetime earnings as well as non-economic damages that cannot be easily quantified, such as loss of companionship, counsel and advice as determined by the enlightened conscious of the jury.

The estate claim includes a claim for medical bills, pain and suffering and funeral expenses.  This can often be a valuable part of the claim if there was pain and suffering or pre-impact fright associated with the accident.  In some situations there may be aggravating circumstances such as tractor-trailer brakes that are out of adjustment, or other acts of gross negligence that warrant the imposition of punitive damages.  In sum, a family that has suffered due to the wrongful death of a loved one is entitled to reimbursement for the loss of income, love, affection, companionship, and advice. We would be more than happy to stand by you at such a difficult and complicated time in your life. After the death of a loved one, the last thing you need to be worrying about is legalities and bills you shouldn’t be responsible for paying. Let us represent you and ensure you get the compensation you are entitled to for your expenses.