Unfortunately, sometimes accidents cause the death of a loved one.
Our Georgia wrongful death lawyers understand how tragic a wrongful death case is and how important the ensuing claim is to the family.
What is a wrongful death claim & Who can make the claim
In Georgia, when a person dies in a car accident, trucking accident or other accident due to someone’s negligent conduct there are typically two claims - a personal injury claim and a wrongful death claim.
Under Georgia law, the personal injury claim belongs to the estate of the deceased but only certain individuals may recover for the wrong death claim. Who is entitled to make the wrongful death claims depends on the status of the deceased and who survives him/her.
When the deceased person is an adult
The deceased’s spouse or children have the right to seek a legal recovery when a loved one has died in an accident. In Georgia, if the deceased was married and had children then spouse is required to share a portion of the proceeds from any legal action for wrongful death with the children, but the spouse is guaranteed a one-third of any recovery for wrongful death.
When the deceased person is a minor child
The right to recover belongs to the child’s parents. Georgia also has specific statutes that spell out the rules that apply to illegitimate children and common law spouses.
Deceased has no spouse, child or parent
In the event a person is not survived by a spouse, child or parent, then the right to pursue a wrongful death action belongs to the deceased person’s estate.
The family of the deceased typically brings a wrongful death claim for the full value of the life of the deceased, which includes the loss of financial resources along with the lost emotional support from loved ones that the decedent would have enjoyed had they survived. Financial loss is typically calculated by an economist or expert who considers such factors as:
Type of worked the deceased performed
How much the deceased was earning
Future earning potential and capacity of the deceased
Lost retirement benefits the deceased could have earned
The emotional loss is the loss of enjoyment of life the deceased lost due to the loss of life, including the inability to enjoy the companionship of a spouse, children, and other relatives. Typically, the family members provide the necessary evidence by discussing the various things the deceased liked to do with them. Our Atlanta wrongful death attorneys also present evidence of the decedent’s life expectancy, which helps determine both the economic and non-economic losses.
The second claim for damages, or personal injury claim, is brought by the estate for outstanding medical bills and funeral expenses. The estate can also claim damages for any pain and suffering the deceased endured before death. In many cases the deceased does not die at the time of the accident. The deceased may die hours, days, or months after the accident. The estate deserves to be compensated for this wrongful pain and suffering. Any damages awarded in the personal injury claim then gets distributed according to the deceased will or one or more of the living relatives in accordance with Georgia law.
Our attorneys have knowledge of the probate process to set up an estate, investigate the accident, determine who is at fault, and demand compensation from the loss of your loved one. Speak to our attorneys today.