In Georgia, wrongful death occurs if a person is killed by another person’s careless mistakes or actions. If another party is acting in a way that could be considered negligent and someone else’s life is affected, a wrongful death claim can be filed. From there, the surviving family members have a legal right to file a claim on the negligent party on behalf of the deceased.
A compassionate Athens wrongful death lawyer can help you and your family through this difficult time. We understand the loss of a loved one. Our firm has extensive experience handling various wrongful death claims in Georgia.
In Georgia, auto accidents (including collisions with cars, trucks, motorcycles, bicycles, and pedestrians) rank at the top of the list of common causes of wrongful death. Examples of potential wrongful death car accidents include the following:
In Georgia, those family members of the deceased can seek the guidance of a skilled Athens wrongful death lawyer. From there, a claim can be filed, and compensation can be collected for the “full value of the life of the decedent.” This means that due to the Wrongful Death Act, family members can quickly seek justice for their loved ones.
Some career fields are more common causes of wrongful death than others – namely construction sites, factories, and agricultural jobs.
Construction sites could expose employees to toxic substances, electrocutions, or accidents with heavy machinery. The same goes for those in the agricultural field. Some employees could have serious falls or fall victim to employer negligence.
In Georgia, medical malpractice can often result in wrongful death, given specific circumstances. Someone could face unexpected and fatal consequences if a medical professional fails to act appropriately or do their job correctly. If a surgical error occurs, misdiagnosis, birth injuries, or even hospital negligence, a claim can be filed on behalf of the deceased.
As with many states, the right to file a claim for wrongful death allows specific individuals to do so. Sure, the laws in Georgia enable those surviving family members to seek compensation and justice for loved ones, but there are caveats.
The following are those who can file a wrongful death claim in the state:
The surviving spouse of the individual has the most rights out of any other family members to file a claim. If there is proof of marriage, the spouse will receive more than one-third of the total compensation, even if children are in the picture.
If no spouse can file a claim, the surviving children will be the next in line. However, even if the spouse can seek compensation, children will still receive some money.
If there are no children or no spouse present, then the parents can file a legal claim for wrongful death. In most cases, the parents aren’t entitled to any compensation.
If none of the above parties are present to file a claim, then a legal representative of the deceased individual’s estate can file a claim on their behalf. The compensation will be dealt with according to the person’s will. The Georgia laws of intestate succession will preside if there is no will.
We understand that losing a loved one is a great devastation, and no amount of compensation will ever fill the loss. However, filing a claim and recovering what is owed can relieve the financial burdens of this loss. For more information about these claims, call us at (706) 995-7547.
You can schedule a free consultation and let our team of skilled Athens wrongful death lawyers help you obtain the justice your loved one deserves.