Georgia Wrongful Death: Seeking Compensation for the Tragic Death of a Loved One


September 13, 2010

When someone close to us is killed by the negligent or intentional act of another, the emotional impact on a family is overwhelming. In addition to the enormous stress and emotional toll, families often face tremendous financial problems in the form of massive medical, funeral and burial expenses and even loss of family income. At Montlick and Associates, Attorneys at Law, our goal is to assist a family through such a tragedy by removing the financial and legal issues from the sphere of the family's attention so that they may focus on what is really important in terms of healing and coping.

We have been helping families whose loved ones are killed by the negligent or intentional conduct of another for over 25 years. We have helped families who have suffered such tragedies recover multi-million dollar judgments in accidents as diverse as the drowning of one's son to the death of one's daughter who was involved in a serious auto accident with the drunk driver of an SUV. Our compassionate team of attorneys and staff will be there in your time of need to help you through the difficult aftermath of such a devastating tragedy.

If someone you love has been killed in a tragic accident, immediate family members may seek compensation through a Georgia wrongful death claim. There are two separate types of actions that are available to the family members of someone who is killed through the wrongful act of another. The first type of action is a survival action which is brought on the behalf of the estate of the deceased to compensate the deceased for actual pain and suffering, and medical expenses prior to death and other actual expenses including burial and funeral expenses. A defendant may also be ordered to pay punitive damages to punish and discourage wrongful conduct, such as drunk driving or reckless driving that causes a fatal motor vehicle accident.

The other type of legal claim that may be brought in the wake of the death of an immediate family member (i.e. husband, wife, parent or child) is a wrongful death action. A wrongful death claim is brought by the immediate family members of someone who is killed by the negligent or intentional act of another for their own personal suffering and loss resulting from the death of their loved one. Any recovery on behalf of the deceased person's estate would be distributed pursuant to a will of the decedent, or if there is no will, according to Georgia's laws of intestate succession.

There are many types of fatal accidents or intentional misconduct that can give rise to a wrongful death case but some common examples are listed below:

  • Car Accident
  • Drunk Driving Accident
  • Trucking Accident
  • Motorcycle Accident
  • SUV Rollover Accident
  • SUV Sudden Acceleration Accident
  • Drowning Accident
  • Construction Accident
  • Job Injuries- Worker's Compensation
  • Medical Malpractice
  • Occupational Exposure to Hazardous Substances (i.e. asbestos or other carcinogens)
  • Violent Crimes
  • Defective Products
  • Unsafe Prescription Drugs
  • Pharmacy Malpractice- filling a prescription incorrectly
  • Nursing Home Abuse or Neglect
  • Dangerous Medical Devices

A wrongful death case may be initiated in almost any situation where someone's unsafe product or negligent or intentional actions cause a person's death. For example, under Georgia wrongful death law, a wrongful death case can allege that the defendant acted negligently, acted intentionally, committed malpractice, manufactured a defective product or dangerous drug, or engaged in criminal conduct. At Montlick and Associates, Attorneys at Law, our Georgia wrongful death attorneys understand how difficult it is to lose an immediate family member. We have been helping families in Atlanta and throughout the State of Georgia with such tragedies for over 25 years. We are available to assist clients throughout all of Georgia including, but not limited to, Albany, Athens, Atlanta, Augusta, Columbus, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller and rural towns in the state. Call us today for your free consultation at 1-800-LAW-NEED (1-800-529-6333), or visit us on the web at www.montlick.com.  No matter where you are in Georgia, we are only a phone call away, and we will travel to meet with you.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.