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Truck Accident Wrongful Deaths: The Rights of a Spouse in the Event of a Fatal Truck Accident

September 16, 2015

The Federal Motor Carrier Safety Administration (FMCSA) reports that there are close to 4,000 fatal truck accidents each year. The majority of these fatalities involved the occupants of the passenger vehicle. Trucks generally weigh 20 to 30 times the average car or SUV, resulting in considerable damage to the occupants of the smaller vehicle. Losing your spouse in a truck accident is one of the most devastating things you could ever experience. This type of loss can tragically leave you emotionally distraught and in financial upheaval. However, there are steps you can take to obtain justice for the loss of your spouse and receive the financial compensation you deserve.

Georgia Wrongful Death Claims

Georgia law authorizes those who have lost a loved one due to negligence, recklessness or the intentional actions of another to file a wrongful death lawsuit against the party responsible. The spouse has the first priority in bringing a wrongful death action against the at-fault individual or company. If the spouse and the deceased victim share minor children, the spouse will bring the action on behalf of the children as well. The spouse is entitled to at least one third of the recovery, regardless of the number of minor children.

Damages for the Surviving Spouse in a Wrongful Death Action

There are several different types of compensation a spouse can seek in a wrongful death action. The first category of damages includes, among others, those relating to the financial and intangible value of the victim's life. It may include lost wages or benefits which the deceased person may have earned had he or she lived a normal life expectancy. Damages can also include the intangible, such as loss of companionship, loss of care and emotional pain and suffering.

For example, spouses can bring a related but separate action known as loss of consortium. This action seeks the loss of the deceased spouse's love, affection, society, companionship, services, aid, sexual relations and comfort.

Damages can also be sought by the estate of your deceased loved one and can include medical expenses incurred prior to death, such as emergency transportation and surgical expenses. Funeral and burial expenses are generally recovered, as are damages for conscious pain and suffering experienced by the victim prior to his or her passing.

A surviving spouse has two years from the date of their loved one's death to file a wrongful death and loss of consortium action. However, it is important to act as soon as possible after the accident so as to protect your legal rights.

Montlick and Associates, Attorneys at Law: Put Our Over 39 Years of Experience to Work on Your Case!

Losing your spouse in a truck accident is devastating and heartbreaking. The Truck Accident Attorneys at Montlick and Associates, Attorneys at Law understand the pain and turmoil that follows this sort of loss and will do all we can to obtain justice for your deceased loved one. Our firm offers over 39 years of experience in wrongful death truck accident cases and we accept cases across Georgia and in the Southeast. Prompt action is vital to the success of your wrongful death truck accident case. As such, do not delay in seeking legal assistance as your time to file a claim after the loss of your loved one is limited. Call Montlick & Associates, Attorneys at Law, 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 and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Truck Accidents

Please Note:
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.