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If a family member or loved one passes away due to the negligence of another party, you have the legal right to pursue a civil lawsuit in order to seek financial compensation for the damages caused. Although no amount of money will make up for the loss of a loved one, it can help alleviate the financial burden associated with medical bills, funeral costs, and other expenses incurred as a result of the tragedy.
What Is a Wrongful Death Legal Claim?
Georgia law defines wrongful death as a death caused by another person or business without legal justification. This often occurs due to reckless or negligent conduct, which refers to carelessness. For instance, if a driver makes a right turn on red and hits a pedestrian in a crosswalk, resulting in death, it is considered a wrongful death.
Under these laws, the courts aim to provide compensation to the surviving family members for the wrongful death of their loved one.
Determine If You Can Pursue a Wrongful Death Legal Claim
In Georgia, OCGA § 51-4-2 specifies the individuals or parties authorized to bring a wrongful death claim:
- The surviving spouse. They will also represent the interests of the minor children, and the law entitles them to at least one-third of the total recovery, no matter how many children there are.
- Adult children. The surviving adult children can bring a wrongful death claim when there is no spouse.
- A deceased’s surviving parent.
- A personal representative of the deceased’s estate.
It should also be noted that it is not usually possible for other family members, such as aunts, grandparents, aunts, uncles, step-siblings, or half-siblings, to file a wrongful death claim unless they are designated as the deceased’s estate administrator.
Check if the Decedent Has a Will
In certain instances, when an individual passes away, they may leave a Last Will and Testament, which names an estate representative. However, if a person passes away without a Will, it will result in an intestate estate. In such cases, a probate judge will appoint an estate administrator in accordance with the specific laws governing intestate estates in Georgia.
Consult With an Experienced Wrongful Death Attorney
As you can see, the process can be quite complicated when it comes to a wrongful death claim. Not only do family members have the challenging task of establishing causation and proving negligence, but they also have to advocate for a comprehensive and equitable damages award.
If you have questions regarding the legal options you have in these circumstances or want to learn more about a wrongful death legal claim, contact an experienced Georgia wrongful death attorney to get the answers you need.
Go After Monetary Damages
In Georgia, legal heirs or surviving family members have the right to seek financial compensation through a wrongful death claim. This compensation can cover a wide range of damages, including:
Economic Damages
- Medical expenses due to the accident
- Loss of future income
- Funeral
- Burial costs
- Property damage
Non-Economic Damages
- Pain and suffering of the deceased before their passing
- Loss of consortium
- Pre-impact shock, freight, and terror
Punitive Damages
Georgia’s regulations also allow individuals to pursue punitive damages depending on the accident and circumstances involved. However, these damages will only be awarded if the victim’s lawyer can establish gross negligence to a jury.
To Learn More About Wrongful Death Claims, Contact Richard D. Hobbs & Associates Today
If you lost a loved one because of another person’s wrongful, negligent, or intentional actions, contact Richard D. Hobbs & Associates today to go over your questions with an experienced and skilled Georgia wrongful death attorney.