If you’ve lost a loved one to a car wreck in Georgia, this is surely a difficult time, and it can be hard to figure out the appropriate steps to take. You are not alone, and there is legal help available to simplify the legal process. A lawyer can evaluate your case, inform you of your options, and determine your best course of action.
You can get your questions answered and concerns addressed. An attorney can manage your case from beginning to end when you’ve lost a loved one. You should be able to properly grieve your loss.
Filing a Wrongful Death Claim in Georgia
Deaths from car accidents are sadly not uncommon. When this occurs, it can leave tremendous pain and devastation for those who are left behind.
In Georgia, the law is clear — if one party dies at the hands of another, it is deemed a wrongful death. In some instances, wrongful death is due to a criminal act, but it may be due to different factors in other situations.
An individual or entity responsible for your loved one’s death should be held accountable for their wrongdoing. You may be eligible to file a wrongful death claim, depending on your role in the decedent’s life. A lawyer can inform you of whether you are able to file the wrongful death claim against the negligent party.
Who Can Bring a Wrongful Death Case?
In Georgia, there are guidelines on who can file wrongful death claims. Ga. Code § 51-4-2 states that when a person is killed through a wrongful action, certain persons are entitled to bring a legal claim for damages. The first person who may file a claim for damages is the surviving spouse of the decedent.
If the decedent doesn’t have a spouse, the next person in line for filing a claim is the decedent’s child or children. If there are multiple children, they will split the award for damages.
In some cases, the decedent does not have a spouse or child. The decedent’s next of kin may be eligible for any damages.
Recoverable Damages in Georgia Wrongful Death Cases
In a wrongful death claim or lawsuit, a family member files for damages. Damages pertain to the losses that result from the death of someone. Georgia recognizes different categories of damages in wrongful death claims and lawsuits. You and your family may be eligible to recover compensation for multiple damages.
One category of damages specific to wrongful death cases is “full value of the life of the decedent.” This may include both economic and non-economic factors. Some examples of this type of damage include:
- Loss of income the deceased person might have earned if still alive
- Lost benefits
- Loss of companionship, care, advice, and guidance
The second category of damages is to compensate any financial losses to the decedent’s estate due to the death. Some of these losses may include:
- Medical expenses related to the decedent’s car accident injuries before they died
- Funeral and burial expenses
- Any other expenses caused by the person being injured and dying
Important Evidence in a Georgia Wrongful Death Case
Seek a lawyer’s help when filing a wrongful death claim. An attorney will assist with gathering the evidence necessary to fight for compensation you and your family deserve. This evidence may include things such as:
- Police reports
- Witness statements
- Medical records
- Wages information
- Cost of the funeral
- Burial fees
- Lost benefit information
At our firm, you will have someone assist you with all the paperwork and research involved in bringing a claim or lawsuit against the defendant. A lawyer handling Georgia wrongful death cases will negotiate with third-party insurers for a fair settlement. If one can’t be reached, you can count on George Sink, Sr. fighting for you in court.
With over forty years arguing personal injury and wrongful death cases, you can rest easy knowing your case is in capable hands.1
Contact George Sink, P.A. Injury Lawyers Today for Legal Assistance
George Sink, P.A. Injury Lawyers has fought over 50,000 cases and secured millions of dollars in wins for their clients. Reach out and get a free case evaluation. You have nothing to lose because you don’t pay unless there is an award, and attorney fees come out of your compensation, not your pocket.*
You can call (888) 612-7001 today to get started on your case. We know no amount of money can bring back a loved one, but it can ease the financial burdens involved in this type of case.