Wrongful Death

It is unfortunate that accidents can occasionally cause the death of a loved one. Wrongful death cases are among the most complex personal injury cases. Handling wrongful death cases can be tough on the victim’s family, emotionally and legally. These cases are different from other personal injury cases because the estate or family members bring a claim on behalf of the deceased. The damages in a wrongful death case go beyond funeral expenses, lost wages, and medical bills. Wrongful death damages include the value of the life of the deceased, which requires the analysis of many factors. If you have lost a family member or loved one in an accident, you need to speak with an attorney that has experience in wrongful death cases.

Our Georgia wrongful death lawyers understand how tragic a wrongful death case is. We understand the pain of losing a loved one and these cases deserve unique care. We want to keep you informed about your case and feel comfortable that we are fighting for your lost loved one.

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 another person’s negligent conduct there are typically two claims – a personal injury claim and a wrongful death claim.

The Personal Injury Claim of the Deceased

The personal injury claim belongs to the estate of the deceased. This means that if the deceased has a last will & testament, then the claim belongs to the beneficiaries listed in the will. If the deceased does not have a will, then Georgia’s intestacy laws determine who is entitled to the claim. O.C.G.A.§ 53-2-1 et seq.

The personal injury claim is a claim the deceased would have been able to bring for damages, and it is typically asserted 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.

The Wrongful Death Claim

Under Georgia law, 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 (O.C.G.A.§ 51-4-2)

The deceased person’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 (O.C.G.A.§ 51-4-4)

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 (O.C.G.A.§ 51-4-5)

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 appropriate family member 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

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.

Our attorneys have knowledge of the probate process to setup an estate, investigate the accident, determine who is at fault, and demand compensation for the loss of your loved one. Speak to our attorneys today.

Nick Martin
Latest posts by Nick Martin (see all)

Need To Speak To An Attorney?

Call (770) 450-6155 Now