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Wrongful Death

The loss of a loved one brings devastating trials beyond the emotional impact. Our personal injury attorneys understand the pain and needs that come with cases of Wrongful Death. If your loved one was lost at the negligence of another party, our team at Southside will hold those accountable and fight to bring your family the justice you deserve.

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Georgia’s Wrongful Death Act

The 5 code sections of Georgia’s Wrongful Death Act specify the grounds for making a wrongful death claim. In this statute, a wrongful death is defined as a “homicide” that was the result of a crime, negligence, or a defective product. Our Southside injury attorneys have experience in handling wrongful death cases such as:

 

Compensation for the full value of life in georgia

Georgia’s Wrongful Death Act establishes that the family of the person who died can make a claim for “the full value of the life of the decedent.”  O.C.G.A. § 51-4-2. This is measured from the decendant’s point of view and can be broken down into two categories that damages can be recieved for.

 

Tangible includes the money, benefits, services, and the value that the decendent earned from their job. Survivors can get compensation for:

  • Net income left for surviors
  • Future lost earnings
  • Funeral costs
  • Medical costs
  • Future loss of benefits and services
  • Punative damages that punish the responsible party if their actions were reckless

Intangible includes the relationships, support, and companionship that the victim had in their life. Survivors can get compensation for their own:

  •  Pain
  • Suffering
  • Loss of guidance
  • Loss of companionship
  • Concious pain and suffering if the victim was aware of impending death

Wrongful Death FAQ

 

Who can file a claim?

Spouses, children of age, parents, or representatives are entitled to file a claimO.C.G.A. 51-4-2

What kind of claim can I make?

Wrongful Death Claim: A family who brings forward a wrongful death claim on behalf of the descendant will try for the “full value of the life of the decedent, as shown by the evidence”. O.C.G.A. 51-4-1 This is the intangible and financial values of one’s life such as lost wages and benefits or the loss of love and companionship.

Estate Claim: This claim is brought forward by the deceased person’s estate to try for all financial losses related to the untimely death of their loved one. This includes medical, funeral, and pain and suffering costs.

How long do I haver to file a claim?

The Georgia Statute of limitations allows representatives 2 years after the date of the death to file a wrongful death claim.

 

We’re here to help. Our team of expert attorneys is here to help you and your family during difficult times. We have the experience, resources, and diligence to take your case to trial if necessary to ensure you are served rightfully. Nothing can ever replace a loved one, so we aim to relieve the financial and legal burdens to allow you and your family to properly grieve and heal.

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