Perhaps one of the most devastating experiences you can ever encounter is losing someone. The gravity of your devastation can be multiplied a million times if you lost the person you love due to the negligence of someone else.
Every person’s life is precious. If you lost someone dear to you in an untimely manner as a result of someone else’s negligent and reckless driving, there are legal actions you may pursue which may lead to a lawsuit and financial compensation. You can file a wrongful death claim.
Although filing a lawsuit for wrongful death may not be your first priority while you’re grieving, it is recommended that you consult with a wrongful death claim attorney as soon as possible. The untimely loss of a loved one through fatal accidents can and will bring emotional trauma to all parties involved. You can also undergo financial difficulties if the deceased was a contributor to your household income. The compensation you can get from a wrongful death suit can help ease the financial burden that’s brought about by the tragic death.
In this article, I can help you have a basic understanding of what a wrongful death claim in Georgia entails.
What is a Wrongful Death Claim?
The civil lawsuit that is filed by the survivors of an individual who has passed away due to someone else’s negligence and recklessness is called a wrongful death claim. The surviving family members of the deceased can file a wrongful death claim against the person responsible. The primary aim of such a claim is to seek financial recovery from the loss and is mainly designed to provide monetary compensation for the surviving family of the deceased that depended on them for financial and emotional support.
What is a Wrongful Death Claim in Georgia?
Laws that govern wrongful death claims differ from state to state. In Georgia, it’s stipulated in the statute 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.
Wrongful death law in Georgia also states that only certain family members can file a wrongful death lawsuit in court, such as:
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)
Despite this, the total amount of the claim is still equally divided among all the surviving spouse and children, with the spouse getting not less than one-third of the total claim, according to Georgia Wrongful Death Law.
Wrongful Death Damages
There are a number of factors that must be considered to determine the damages that should be awarded to the surviving families.
First, they mainly consider the relationship between the survivor and the deceased. The relationship of the survivor to the deceased may entitle them to certain benefits.
1. The spouse may be compensated for loss of a companion, mental and emotional suffering from the date of the incident.
2. Minor children may seek compensation for loss of parental companionship and guidance and mental and emotional suffering from the date of the incident.
3. The parents can get compensation for mental and emotional suffering if there are no other survivors.
4. The surviving family can recover from 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.
No monetary compensation can ever ease the pain of losing a loved one, but filing for a death claim can ease the financial struggle that the terrible loss had brought upon you and your whole family. A wrongful death claim cannot bring back your loved one but this can definitely bring justice to their death and hold the person responsible for their death accountable. Receiving compensation from the tragic event can also help you and your family cope and make your future more financially stable.
Bringing justice to the death of a loved one is no easy feat – you’ll need a capable attorney who will be with you all throughout this ordeal. While you cope with the emotional and financial struggles, I can assist you by making your legal battle easier.
For any questions on how to proceed with your claim, you may contact me here so I can help you make it right when you’ve been wronged.