What is Wrongful Death?
If someone is killed due to another person’s negligence or recklessness, you may be able to file a claim for wrongful death. Family members who have suffered the loss of a loved one file this type of lawsuit.
In some cases, accidents cause more than injuries and property damage. The loss of a loved one can happen in various accidents, including car accidents, slip and fall accidents, and medical malpractice accidents. Wrongful death lawsuits can arise from the same wide variety of circumstances that give rise to personal injury lawsuits.
State law in Georgia specifies the circumstances under which a person may file a wrongful death claim. Wrongful death laws exist to compensate surviving loved ones for financial hardships brought on by a death in the family. Unfortunately, no amount of money can ever make up for the loss of a loved one.
However, when a family loses a breadwinner or someone who takes care of the family, the remaining members often struggle. Lawsuits for wrongful death are one way to deal with these losses.
The Parties in a Wrongful Death Lawsuit
In Georgia, only certain immediate family members can file a wrongful death complaint. Statutes provide descriptions of these individuals. The only people who can file a wrongful death lawsuit are the victim’s spouse or children.
The surviving spouse must file the lawsuit, but children can file if there is no surviving spouse. A personal representative can file a lawsuit on behalf of an estate if there is no surviving spouse or children.
The deceased’s estate may file a claim for damages in court for things like medical costs and pain and suffering. It is common for the surviving spouse to file a single lawsuit for all these losses because they are the estate’s executor.
Wrongful Death Damages
Wrongful death damages are compensation that can be awarded to the surviving family members of a person who has died as a result of someone else’s negligence or intentional actions. This compensation is meant to help cover the financial and emotional losses suffered by the surviving family members as a result of the death.
Some of the most common types of wrongful death damages include:
- Funeral and Burial Expenses: These expenses can be covered by wrongful death damages, as they are a direct result of the death.
- Loss of Income: If the deceased was the primary breadwinner, surviving family members may be entitled to compensation for the loss of their income.
- Loss of Benefits: This may include health insurance, pension plans, and other benefits that the deceased was entitled to receive.
- Loss of Consortium: This refers to the loss of companionship, love, and affection that the surviving family members have suffered as a result of the death.
- Pain and Suffering: If the deceased suffered before their death, their family members may be entitled to compensation for their pain and suffering.
- Medical Expenses: If the deceased was in the hospital before their death, their medical bills should be covered.
Wrongful death damages can help provide financial stability for the surviving family members and help them recover from the loss of their loved one. However, it is important to note that each case is unique, and the amount of compensation awarded will vary depending on the circumstances.
Contact the Wrongful Death Lawyers at The Brown Firm
If you have been injured in an accident, the experienced personal injury attorneys at The Brown Firm offer free consultations to accident victims in Georgia and South Carolina. Call 800-529-1441 to speak with our personal injury team today!
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