The Centers for Disease Control and Prevention reports that every year, over 130,000 people die from unintentional injury deaths. This includes about 30,000 unintentional fall deaths and another 33,000 motor vehicle traffic deaths. Losing a loved one in an accident is a traumatic event made all the more tragic due to the often preventable nature of unintentional accidents. Family members of deceased accident victims find themselves grappling with an immense amount of stress and financial burdens made all the more severe due to the emotional impact of the loss.
If your family member has been killed in any sort of accident that may have been caused by negligence, it is imperative that you retain an attorney quickly so as to protect your legal rights. The following is a look at some questions commonly asked about wrongful death claims in Georgia. Anyone who has tragically lost a loved one should consult with an attorney early on to obtain individualized legal assistance.
What is a wrongful death claim?
A wrongful death claim is an action filed against a party responsible for the death of a family member. Deaths are deemed “wrongful” if they are caused by negligence, recklessness, or the intentional actions of another person or party.
Who may bring a wrongful death claim in Georgia?
Georgia law provides the spouse of the deceased accident victim with the first priority in bringing the action. If the spouse and the accident victim have minor children, the surviving spouse will bring the action on behalf of the children as well. The spouse must receive at least one third of the total recovery, no matter the number of minor children included in the action.
If the deceased individual does not have a surviving spouse or children, a parent or the personal representative of the estate can bring the action. If the personal representative obtains benefits they will go towards the heirs of the estate.
What damages are available in a wrongful death action?
There are several types of damages available for wrongful death plaintiffs. The purpose of a wrongful death action is to seek compensation for the deceased family member’s lost wages and benefits, including future wages that would have been made by the decedent had he or she reached normal life expectancy. Recovery can also include damages for the deceased individual’s medical expenses and funeral or burial costs. Plaintiffs may seek damages for loss of the companionship and care of the deceased in the wrongful death action as well.
Put Our Law Firm’s Over 39 Years of Legal Experience to Work For Your Case!
The Wrongful Death Lawyers at Montlick and Associates, Attorneys at Law, make it their goal to remain abreast of new technologies that could prevent accidents and injuries. Also, our firm engages in several community service events and projects in an effort to protect the local community.
For over thirty years, our firm has assisted accident victims and their families across Georgia and in the Southeast.
No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.
http://www.cdc.gov/nchs/fastats/accidental-injury.htm
http://law.justia.com/codes/georgia/2010/title-51/chapter-4
http://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-georgia.html
