Wrongful Death

Georgia Wrongful Death Attorneys

Losing a loved one as the result of a wrongful death incident is a life-changing experience. The grief is understandably overwhelming, and in the midst of such tragedy, it can be difficult to make decisions about the future. However, it is vital for family members to properly prepare for how their lives will change after the loss of a loved one.  This includes decisions involving funeral expenses, lost wages, medical expenses, and loss of companionship.  In particular, it is very important to understand your legal rights before accepting an insurance settlement of any kind. The Atlanta wrongful death attorneys at the Anagnostakis Law Group are here to provide the strong, compassionate guidance you need.

Georgia Wrongful Death Law

Georgia law provides that a “wrongful death” is one caused by the “negligent, reckless, intentional, or criminal” behavior of another person or entity. Wrongful death claims are similar to personal injury claims; however, in the case of a wrongful death, the injury victim is no longer with us and unable to bring his or her own legal claim for fair compensation. Rather, the deceased person’s family members (or estate) are able to step in and hold responsible parties accountable for their actions.

Eligibility for Bringing a Wrongful Death Lawsuit in Georgia

In Georgia, the deceased person’s spouse is the first person who is eligible to make a wrongful death claim. When there are minor children, the surviving spouse must also represent the interests of the children when bringing the case. However, the surviving spouse can never receive less than one-third of the recovery amount, regardless of the number of surviving dependent children the deceased person has.

If the deceased person has no surviving spouse or children, a wrongful death claim may be brought by the surviving parent or parents of the deceased or the personal representative of the deceased person’s estate. When the estate makes a successful wrongful death claim, the damage award is held for the benefit of the deceased person’s next of kin.

Types of Wrongful Death Damages

There are two distinct types of wrongful death claims recognized by Georgia civil courts. One is a claim to establish the “full value of the life of the deceased” brought by or on behalf of the surviving family members of the deceased person. Damages related to this type of wrongful death claim include the financial and intangible value of the deceased person’s life, such as lost wages and benefits as well as loss of care and companionship.  (Of course, no amount of compensation will ever replace the emotional loss associated with a loved one.)

The other type of wrongful death claim recognized in Georgia covers the financial losses related to the death of the deceased person, and actual harm to the deceased. The deceased person’s estate must make this type of claim, as it is meant to compensate the estate for costs and damages related to the wrongful death, such as medical expenses arising from the victim’s last injury or illness, funeral and burial expenses, and conscious pain and suffering of the deceased person just before death.

Contact the Atlanta Wrongful Death Attorneys at ALG

If you have lost a family member as the result of a wrongful death incident, please call the Anagnostakis Law Group today at (678) 838-1816. We serve clients throughout Georgia, including Marietta, Roswell, Douglasville, Atlanta and Alpharetta. Your first consultation with us is free, and you will not be charged any legal fees unless we recover for you.