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What is a Wrongful Death Claim in Georgia?

What is a Wrongful Death Claim in Georgia

A wrongful death claim in Georgia arises as the result of the untimely death of a person due to a negligent act of another. Unfortunately, there are countless reasons that these claims come about. For example, if someone dies due to a fatal car accident, medical malpractice, commercial truck or tractor-trailer accident, or even if someone dies because they didn’t receive proper care while in a nursing home these are all considered grounds for bringing a wrongful death claim.

The wrongful death attorneys at Council & Associates understand that losing someone abruptly is a tragic and devastating experience, even more so if you lost that person you love because of the negligent act of another. There are legal actions that the surviving family of the deceased can pursue after the tragic incident, which can lead to prosecution and financial compensation that can help the family in the wake of the loss. We also understand that no monetary compensation can ever ease the pain of losing someone dear to you. The compensation will surely ease the financial struggle that the terrible loss has brought upon the family. The personal injury attorneys at our law firm have extensive experience in handling wrongful death lawsuits and would dedicate time and resources to ensure that those who are responsible will be held accountable. 

What is a Wrongful Death Claim?

The laws for a wrongful death action differ from state to state. Our clients usually want to know what qualifies for a wrongful death suit in Georgia. A wrongful death lawsuit is a civil action filed in court after losing a loved one because of the negligence and recklessness of another person. If your loved one has been involved in a fatal car accident, for example, that resulted in their untimely death, and that death is the fault of the other driver, that would be the basis for a wrongful death claim.

Who Can Sue for Wrongful Death in Georgia?

Wrongful death claims can be brought by a surviving spouse, if there is no surviving spouse, then any surviving children, if there is no surviving spouse or children, then a surviving parent of the deceased, if there is no surviving spouse, children, or parent, then a personal representative can be appointed. In the State of Georgia, it is stated that the surviving family who will file a wrongful death lawsuit are entitled to claim for the “full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.” O.C. G.A.51-4-1.

The wrongful death law in Georgia only entitles certain members of the surviving family to file a wrongful death lawsuit in court: 

  • The spouse 
  • The children (if there is no living spouse) 
  • The parents (if there is no living spouse or children) 
  • Estate administrator (if not survived by any of the mentioned family members) 

Still, under Georgia Wrongful Death Law, the total amount of the claim for the loss of a loved one is equally divided among the surviving spouse and children, with the surviving spouse getting not less than one-third of the total claim. 


Video: What is a Wrongful Death Claim?

What Damages Can you Recover in A Wrongful Death Lawsuit?

In a civil action, there are two distinct categories of damages that can be recovered in a wrongful death lawsuit.  First, the survivors of the deceased as outlined by the Georgia statute, can bring a claim for the “full value of the life” of the person who died. Second, a claim can be brought by the estate for the funeral expenses, medical expenses, and pain and suffering associated with the death. The damages that the surviving family can receive once granted by the courts are as follows:

  • Lost earnings 
  • Funeral and burial costs for the deceased 
  • Loss of care, companionship and any other intangible benefits 
  • Medical expenses 
  • The pain and suffering the deceased experienced prior to their death 

Proving Negligence in a Wrongful Death Case

We understand the emotional turmoil your family is going through after your devastating loss; taking legal action is the last thing on your mind. That is why a wrongful death attorney from Council & Associates will help you every step of the way. The key element for you to recover financial compensation for the loss of your loved one is to prove that the at-fault party’s negligent act resulted in your loved one’s untimely demise. The expert wrongful death lawyer knows that a wrongful death claim is similar to a physical injury claim and would know how to proceed with the legality of the case. We will investigate thoroughly and independently, interpret all data collected and prove liability, and determine which course of legal action should be beneficial for your particular situation. We will ensure that we prove to the courts that the untimely death of your loved one resulted from the other party’s action and not from some other cause. 

Schedule a Free Consultation To Discuss Your Wrongful Death Claim

It can be extremely difficult to cope after a loved one dies unexpectedly and you may have unanswered questions about how to move forward. If you have recently lost a loved one and would want to consult with a compassionate wrongful death lawyer for free, call our personal injury lawyers in Atlanta immediately at (404) 562-8857.  The injury attorneys at Council & Associates have a track record of experience in Georgia Wrongful Death claims. Following the consultation, you’ll receive their professional opinion about how you may want to proceed with your wrongful death action. Do not settle for anything less than what you’re legally entitled to after your loss. We will make sure you get the maximum compensation that you and your family deserve.

Contact your Georgia personal injury lawyers for a free consultation and we can help you navigate during this difficult time.

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