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Compensation for Fatal Car Accidents

Compensation for Fatal Car Accidents

Posted By The Weinstein Firm, LLC || 30-Mar-2017

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.

Damages Available

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 family members.

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 in Georgia, contact our Atlanta car accident attorney at The Weinstein Firm, LLC and schedule a free consultation today.

Categories: Auto Accidents