Managing Partner
Losing a loved one is devastating, especially when their death could have been prevented. If you lost a loved one in a fatal car accident in Georgia, filing a legal claim might seem overwhelming. However, you and your family deserve closure and financial stability when someone else’s negligence caused the fatal crash. With the help of an experienced wrongful death attorney, you can honor your loved one’s memory and seek justice for their untimely death.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil action filed when someone dies because of another party’s negligent, reckless, or intentional behavior. A wrongful death from a fatal car accident is often the result of:
- Drunk driving
- Distracted driving
- Fatigued driving
- Speeding or reckless driving
- Defective part or repair
Georgia’s Unique Wrongful Death Statutes
If your loved one died in a crash caused by another driver or a third party, there are actually two separate claims that may arise after a fatal car accident.
“Full Value of the Life”
Georgia law allows certain family members or estate representatives to seek compensation for the “full value of the life of the decedent” – meaning the focus is on what the victim lost, not what the survivors lost. There are two categories that pertain to the full value of life:
- Economic Value – This includes lost earnings, benefits, retirement, and services that the family and household would have enjoyed over a normal lifetime had the deceased lived.
- Non-Economic Value – This includes intangible elements such as the enjoyment of life, relationships, companionship, and everyday activities that the deceased can no longer experience.
Estate Claim
The second part of wrongful death claims focuses on damages submitted by the estate representative. These seek to compensate surviving family members for:
- Medical bills related to the fatal injury
- Funeral and burial expenses
- Pain and suffering of the deceased prior to death
Who Can File a Wrongful Death Claim in Georgia?
Georgia law is specific about who can file a wrongful death claim and what damages can be recovered. These rules help provide the closest relatives with the opportunity to seek justice and compensation on behalf of their loved one:
- Spouse – The surviving spouse has the primary right to file. If there are minor children, the spouse must also represent their interests.
- Children – If there is no surviving spouse, biological or adopted children may file a claim.
- Parents – If there is no surviving spouse or children, the deceased’s parents may file.
- Estate Representative – If no family members qualify, the administrator of the estate may file on behalf of the next of kin (sibling, aunt, cousin, etc.).
How an Attorney Can Help You Through This Difficult Time
Wrongful death claims are complex and made more difficult for families because they are grieving the loss of a loved one. An experienced Georgia wrongful death attorney can take an objective approach to each part of the legal process, including:
- Examine evidence from the fatal crash
- Identify all liable parties
- Calculate the economic and non-economic loss for your loved one and the estate
- Negotiate or litigate to demand financial support commensurate with your loss
Talk to a Georgia Wrongful Death Lawyer Today
If you’ve lost someone you love in a fatal Georgia car accident, Joshua E. Palmer Law Firm is ready to help. Filing a wrongful death claim may never fully heal the pain, but it can provide a sense of closure and financial security. Let our compassionate and experienced legal team take care of the details so you can focus on honoring your loved one. Contact us today for a free consultation and make an informed decision about your next step.
