Who Can File a Wrongful Death Lawsuit?

 If your family member died as the result of a negligent or wrongful act, you need to explore your options with experienced and compassionate attorneys who can help you move forward after your loss.With more than two decades of experience providing skilled and compassionate support for clients throughout Georgia, the attorneys at law firm can help you and your family through this difficult time.

A Georgia Wrongful Death Attorney Helps You Interpret Georgia Law

Georgia wrongful death law follows a complex set of rules to determine who has the right to file a wrongful death lawsuit and when.  Retaining an attorney with extensive experience applying Georgia law to your situation is critical in achieving a successful resolution to your case.  


Georgia Law Generally Permits the Closest Survivor to File a Wrongful Death Claim

Recognizing that different relationships exist between one family and the next, Georgia law follows a detailed hierarchical structure in identifying the closest survivor who is qualified to file a wrongful death claim, as follows:

  • Surviving spouse:  At the top of the hierarchy is the surviving spouse, who must share an award equally with all the decedent's surviving children.
  • Surviving children:  The decedent's children are permitted to file a claim if the surviving spouse is not present.
  • Surviving parents:  Third in line are the decedent's parents, with allocation of the recovery divided based on the discretion of the court in the event they no longer live together.
  • Next of kin:  Under Georgia law, anyone designated as next of kin is next in line and may file suit through the administrator of the estate within two years of the date of death.
  • Decedent's estate:  The estate administrator or executor has a claim for medical and funeral expenses, pain and suffering, and even punitive damages.  These claims are in addition to the survivor claims, and they are awarded to the estate, where they can be used by survivors for any good purposes.

Taking legal action after losing a loved one can be a stressful experience that should be avoided if you are not in line to pursue benefits under the law.


Popular posts from this blog

Atlanta Wrongful Death Lawyers

Image
 The term "wrongful death" concerns any case in which someone's life has been lost due to the negligence or carelessness of someone or something else.  The right to sue for the death of another is generally a right that is created by individual state legislatures.  As such, Georgia state laws must be consulted and the attorney must be intricately familiar with these laws before proceeding with a wrongful death in Atlanta. Selecting a Wrongful Death Attorney Compensation for a Wrongful Death Lawsuit Who Can File Wrongful Death Lawsuits? Accidental Death In Georgia, the wrongful death statute authorizes a jury to award the party bringing the case the "full value of the life of the decedent."  This means that in Georgia, unlike many other states, the amount of damages in a wrongful death case is the value of the decedent's life to him or her—not the value of the loss of life to a spouse, parent or child.  Thus, when a wrongful death case is being pursued, one o
Read more

Atlanta Wrongful Death Lawyers Helping Families Pursue Compensation for Their Loss

Image
Anyone filing a wrongful death lawsuit in Georgia should begin by retaining an experienced attorney from law firm.  We have the skills and resources to pursue the full value of the wrongful death claim. While wrongful death statutes follow the same basic principles nationwide, there typically are differences in determining who is eligible to file a wrongful death suit and how awards are determined.  Georgia law is particularly generous by using the full value of the decedent's life as the basis for determining how compensation is awarded when your loss is caused by another party's negligent or wrongful act.  Understanding the Basis for Determining Full Compensation There is a dramatic distinction between identifying what life was worth to the decedent versus placing a price tag on how the loss of a loved one affects the future of immediate family members.  Atlanta wrongful death lawyers must present solid evidence of both economic and non-economic damages of the loss from the p
Read more