Marietta Wrongful Death Lawyer

The death of a loved one can be a devastating experience for any family. When the death was due to the negligence of another, the responsible party could be held liable in court. Although wrongful death claims may be difficult, they could help ensure that surviving dependents of the deceased have the financial support they need.

If you and your family lost a loved one due to negligence, you should seek help from a Marietta wrongful death lawyer. A knowledgeable personal injury attorney may be able to evaluate your case and determine whether you have any legal claims arising from the death of your loved one.

Pursuing a Wrongful Death Claim

O.C.G.A. § 51-4-2(a) sets forth the statutory framework for wrongful death claims involving the death of a parent or spouse. Under this statute, surviving family members of the deceased may be able to bring forth a wrongful death claim against those parties who are responsible for the death for the full value of the life of the decedent.

The decedent’s surviving spouse may file a wrongful death claim. However, if there is no surviving spouse, a child or children can bring the claim.

If the decedent has no surviving spouse or children, then the administrator or executor of the estate of the decedent can bring the wrongful death action for the benefit of the next of kin, as per O.C.G.A. § 51-4-5.

The wrongful death of a child is governed by O.C.G.A. § 19-7-1(c)(1) and it says that if the child does not leave a spouse or child, the right to bring the suit belongs to the parents.

The Statute of Limitations

There are strict deadlines on your ability to bring forth a wrongful death claim. The decedent’s surviving estate must file their claim within two years of the date of death. Missing this deadline could result in the inability to recover compensation from the responsible party.

Calculating Compensation in Wrongful Death Claims

The decedent’s estate may be eligible to recover compensation for the full value of the life of the deceased including both intangible and tangible components. Intangible elements include the loss of the most important parts of life, such as loss of companionship.

On the other hand, the tangible elements of the full value of life include the true economic value of the decedent to his family, which may include compensation such as loss of current and future earnings and the loss of household care and assistance.

According to O.C.G.A. § 51-4-5, surviving family members may seek compensation for any pain and suffering that the decedent sustained prior to death, outstanding medical bills, and funeral and burial expenses.

Distribution of Compensation

The wrongful death statute also specifies how any compensation would be distributed to the surviving spouse and children of a decedent. Compensation awards may be distributed equally to the spouse and each child, but the surviving spouse cannot receive less than one-third of the award.

Work with a Marietta Wrongful Death Attorney Today

Wrongful death claims enable surviving family members to recover compensation for their loss of the loved one. An experienced Marietta wrongful death lawyer may be able to help you seek justice for your loss. Whenever you are ready, call to schedule a consultation with a compassionate attorney.

Warshauer Law Group is committed to the health and safety of our clients and community. Please see this post for information related to our WLG COVID-19 Protocol.
Please see this post for information on Chief Justice Melton’s latest extension of the Statewide Judicial Emergency and how it impacts your case.