Wrongful Death
The loss of a loved one through the fault of another is a matter of great and enduring pain for the family members left behind. Such an unnecessary death can also be a tremendous financial hardship, on top of the grief and pain. The Georgia Wrongful Death Act is codified in O.C.G.A. Sections 51-4-1 et seq. This act is broader than many States as it allows for the recovery of the full value of the life of the decedent without deducting any of the necessary or personal expenses of the decedent, had they lived, measured from their perspective. In Georgia, it includes both economic and non-economic factors. Economic factors would be things like the deceased’s lost wages and employment benefits. Non-economic factors would be important life losses such as losing life enriching events as not being present for children or a spouse, along with loss of the day to day enjoyment of life. In other words, Georgia law honors the loss of even the poorest person.
There are two types of wrongful death claims. Each is separate and distinct. A wrongful death claim under O.C.G.A. Section 51-4-1 et seq. is a claim for the full value of the life of the deceased. Generally it is brought by the spouse. If there is no spouse or the spouse is unable to bring the claim then the next of kin, such as sons and daughters are responsible to bring the claim.
Deceased’s Estate Claim. This claim is filed by the estate (even if there is no will) of the deceased. It is brought to recover the expenses of the estate which are owed, such as medical expenses, funeral costs along with the often important element of pain and suffering damages of the deceased.
Some Thoughts-I am experienced with wrongful death cases in both State and Federal Courts in Georgia. The wrongful death of a loved one brings forth explosive emotions in every family involved, especially when minor children are involved. This is a time for the family to come together, love one another and cooperate to get a just result. Also understand the other side will likely pick up on any discord and use that to their advantage. If I take your case, my job will be to get you the most money to which you are entitled under the law. I will expect and demand your full cooperation to get such a result. If I take your case, you will have an experienced lawyer on your side who will take the time to keep you informed, answer your questions, and explain the sometimes complex or confusing aspects of your case.