Losing a loved one is an unimaginable experience that leaves families grappling with emotional pain, financial hardships, and a sense of injustice when the death was due to someone else’s negligence or misconduct. In Georgia, wrongful death lawsuits provide families with a legal path to seek compensation, accountability, and some measure of closure. Here, our Atlanta personal injury attorneys at Ashby Thelen Lowry explain how wrongful death claims work in Georgia and how we can help families find support in their time of need.
Understanding Wrongful Death in Georgia
In Georgia, a wrongful death claim can be filed when a person’s death results from another party’s negligent, reckless, or intentional actions. Common causes include car crashes, industrial site incidents, and violent crimes.
The goal of a wrongful death lawsuit is to hold the responsible party accountable and compensate surviving family members for the emotional and financial losses caused by their loved one’s death.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law specifies the order of individuals who have the legal right to file a wrongful death claim:
- The Spouse: The surviving spouse has the first right to file a wrongful death claim. If the couple has children, the spouse must share the compensation with them, receiving no less than one-third of the total recovery.
- The Children: If there is no surviving spouse, the children of the deceased can file the claim.
- The Parents: If there is no spouse or children, the parents of the deceased may pursue a wrongful death lawsuit.
- The Executor or Administrator: If none of the above family members are available, the executor of the deceased’s estate can bring the claim on behalf of the estate.
Types of Damages in a Georgia Wrongful Death Lawsuit
Wrongful death lawsuits seek to provide financial relief and recognize the emotional and psychological toll of losing a loved one.
Damages in a Georgia wrongful death claim may include:
- Economic Damages: These cover financial losses, such as the deceased’s lost income, future earnings, and the value of household services. Economic damages aim to restore the financial stability of the surviving family members who relied on the deceased’s contributions.
- Non-Economic Damages: These encompass intangible losses, including emotional suffering, loss of companionship, guidance, and care. Non-economic damages are often harder to quantify but are immense in recognizing the emotional toll on the family.
- Punitive Damages: In cases where the responsible party’s actions were particularly reckless or malicious, punitive damages may be awarded. These damages are meant to punish the wrongdoer and discourage similar behavior in the future.
How Wrongful Death Claims Help Georgia Families Cope
While no amount of money can replace a loved one, wrongful death lawsuits can provide families with crucial support in several ways:
- Financial Security: The death of a family member, especially a primary breadwinner, can leave a significant economic gap. Compensation from a wrongful death claim helps families cover immediate expenses, such as medical and funeral costs. It provides long-term support for loss of income, allowing the family to maintain financial stability.
- Sense of Justice: For many families, knowing that the responsible party is held accountable brings a sense of justice and validation. Wrongful death claims force negligent parties to acknowledge the harm they caused, providing a small measure of closure for grieving families.
- Emotional Healing: The legal process can provide a structured way for families to express their grief and share the story of their loved one’s life. This process can be therapeutic, allowing families to honor their loved one’s memory and find healing through the pursuit of justice.
Wrongful death claims are legally complex and emotionally challenging. Georgia’s statute of limitations requires that wrongful death claims be filed within two years of the death. However, specific factors, such as a criminal investigation or probate matters, can alter this timeline. Given these complexities, having a compassionate, experienced wrongful death attorney can make all the difference.
How Our Atlanta Wrongful Death Attorneys at Ashby Thelen Lowry Can Help
If you have lost a loved one due to someone else’s negligence, our team of dedicated Atlanta wrongful death attorneys is here to support you through this challenging time. We understand your emotional and financial struggles and are committed to pursuing justice for your family.
Our goal is to provide compassionate guidance, fight for the compensation you deserve, and help you honor the memory of your loved one by:
- Investigating the Cause of Death: Our attorneys work closely with experts to gather evidence, interview witnesses, and reconstruct events, establishing a clear connection between the defendant’s actions and the wrongful death.
- Calculating Comprehensive Damages: We can ensure that economic and non-economic damages, including future earnings, emotional losses, and punitive damages, if warranted, are accurately assessed.
- Negotiating with Insurance Companies: Insurance companies often try to minimize payouts, but our experienced lawyers know how to push back and fight for fair compensation.
- Handling Legal Proceedings: Wrongful death lawsuits involve detailed paperwork and court procedures. We can handle these complexities, allowing your family to focus on grieving and healing.
At Ashby Thelen Lowry, we treat every case with the respect, diligence, and empathy it deserves. Our firm handles the legal complexities, allowing you and your family to focus on healing. If you believe your loved one’s death was the result of another party’s negligence, please contact us for a free consultation. We’re here to answer your questions, explore your options, and help you begin the journey toward justice and closure.
Losing a loved one is a life-altering tragedy. With the support of our skilled wrongful death attorneys, Georgia families can find justice, financial security, and a measure of peace in honoring their loved one’s legacy.