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How Wrongful Death Claims in Georgia Are Handled

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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. Many people may wonder what a wrongful death claim in Georgia involves. There are legal actions that the surviving family of the deceased can pursue after the tragic accident, which can lead to a lawsuit and financial compensation that can help the family in the wake of a tragic loss.

If you lost a loved one in an untimely manner as a result of the negligence and recklessness of another while driving, you can file a wrongful death claim. Although filing a lawsuit for wrongful death may not be the first priority of the surviving family of the deceased, it is recommended that you consult with a wrongful death claim attorney as soon as possible.

The Atlanta based wrongful death lawyers at Council & Associates understand that no monetary compensation can ever ease the pain of losing someone dear to you. But it will surely ease the financial struggle that the terrible loss has brought upon the family. We 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. 

We understand that losing someone in a car accident, workplace incident, or other fatal accident, can and will bring emotional trauma to all parties involved. Additionally, this loss can also cause you to undergo extreme financial difficulties if the deceased was a contributor to your household income. The compensation that can be provided by a wrongful death suit can profoundly help your family towards easing the financial burden brought about by the tragic death. 

However, you must move quickly, because there is a time limit on filing a wrongful death claim. This time limit is called “Statute of Limitations,” and allotted time to file can differ from state to state and is unique in each type of lawsuit. Once the statute of limitations has lapsed the courts may no longer have the jurisdiction to punish the at-fault party and make them pay damages. 

The wrongful death lawyers at Council & Associates have a long history of recovering compensation that can help you and your family recover from the financial burden. 

What is a Wrongful Death Claim in Georgia?

What is Wrongful Death? 

A wrongful death claim is a civil lawsuit that is filed by the survivors of an individual who has passed away due to the negligence and recklessness of another. In these types of cases, the surviving family members of the deceased are allowed to file a wrongful death claim. Such claims mainly seek financial recovery from the loss. This is mainly designed to provide monetary compensation for the surviving family of the deceased that depended on him/her for financial and emotional support. 

What is a Wrongful Death Claim in Georgia?

The laws for a wrongful death claim differ from state to state. In the State of Georgia, the statute states that the surviving family is entitled to claim 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. Furthermore, the wrongful death law in Georgia only entitles certain family members to file a wrongful death lawsuit in court: 

  1. The spouse 
  2. The children (if there is no living spouse) 
  3. The parents (if there is no living spouse or children) 
  4. Estate administrator (if not survived by any of the mentioned family members) 

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

Wrongful Death Damages 

The court will consider a number of factors when they have to determine the damages that should be awarded to the surviving families. They mostly look at the relationship between the survivor and the deceased. The relationship of the survivor to the deceased may entitle them to certain benefits. 

  1. Spouse: They may be compensated loss of companion, mental and emotional suffering from the date of the incident. 
  2. Children: Minors may seek compensation for loss of parental companionship and guidance and mental and emotional suffering from the date of the incident. 
  3. Parents: If there are no other survivors, parents can get compensation for mental and emotional suffering. 
  4. All: The surviving family can recover loss of support and services, from the date of the incident until his or her death. Compensation for future loss, funeral and medical bills that have accumulated since the accident. 

While we certainly understand that no monetary amount can replace your loved one from being with you, receiving compensation from the tragic event can help you and your family cope and make your future more financially stable.  Having an experienced wrongful death attorney to consult with during your time of grief and confusion can help take some tension off of you. With more than 15 years of experience, our attorneys will help you get through the darkest part of your life to help you get fair and just compensation to make your family’s future a better one amidst the emotional and financial struggles. We understand the hardships your family has gone through and will make this legal battle an easy one for you.  

Contact us to learn more about our “No Win, No Fee” guarantee and to schedule a free consultation with one of our Georiga licensed attorneys.  If you have any questions on how to proceed with your claim, call Council & Associates immediately at (404) 562-8857 and we can assist you to get the compensation you truly deserve.