Car accidents can occur at any time. Unfortunately, many of them result in fatalities
caused by negligence.
If you lost a loved one in a car accident in Georgia, as a result of the
negligent and reckless actions of another party, you might be eligible
for monetary compensation through a
wrongful death claim. Although no amount of money possible can ever replace the life
you lost, it can help cover the financial burden as a result of your loved
one’s untimely death so that you can grieve peacefully.
Who May File a Wrongful Death Claim in Georgia?
A wrongful death is one caused by negligence, recklessness, and carelessness.
According to Georgia law, the surviving spouse of the deceased person
may file a wrongful death claim. If the spouse and the deceased individual
had minor children, the surviving spouse needs to represent the interests
of the children in court as well.
However, if there is no surviving spouse are available to bring a claim
to court, the claim may be brought by the following parties:
- The surviving parent, parents, or guardians of the deceased
- The personal representative of the deceased individual’s estate
In the event a personal representative brings the claim, any damages recovered
are held by the estate for the benefit of the deceased person’s
next of kin.
Two separate types of wrongful death claims are recognized in Georgia.
The first is a claim that establishes the “full value of the life
of the deceased,” which is brought by or on behalf of surviving
The monetary damages associated with both financial and intangible value
of the deceased individual’s life includes:
- Lost wages and benefits, including what the deceased might reasonably have
earned if he or she were alive
- Loss of companionship and care
The second type of claim is aimed to remedy the financial losses related
to the person’s death. This claim is brought by or on behalf of
the deceased person’s estate, which is meant to establish and recover
the losses the estate suffered because of the untimely death.
Damages for this type of claim include:
- Burial and funeral expenses
- Medical expenses related to the deceased person’s last illness or injury
- Pain and suffering
Remember, wrongful death claims in Georgia must be filed within two years
of the date of death.
If you lost a loved one in a car accident caused by a negligent driver
contact our Atlanta car accident attorney at
The Weinstein Firm, LLC and schedule a
free consultation today.