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Who can File Wrongful Death Lawsuit in Georgia and What to Claim


 Published on Jan 02, 2019 by

Wpmh Legal

A claim for wrongful death in Georgia can be brought when a person dies because of carelessness, recklessness, intention, negligence or premeditated criminal action. It can be done by another person, or a business. In many situations wrongful death is a part of personal injury dispute. However, the plaintiff has to establish that the negligence was committed by accused party that led to wrongful death.


Though, wrongful death cases are common throughout United States, Georgia has specific rules for filing wrongful death claims. Experienced Georgia Wrongful Death lawyers can better guide you in this regard.


Who can file wrongful death lawsuit in Georgia?


Georgia follows a strict rule regarding who can bring in the wrongful death claims. If the deceased person has a surviving spouse, then he or she is only person who can bring in the claim. If the deceased has surviving children and spouse, the spouse will act as a representative of the children. They have to share the damages awarded and the spouse is entitled to receive not less than one third of the recovery irrelevant of the number of children.


If the deceased was divorced, then the surviving children can bring in the claim jointly. If the deceased have no surviving spouse or children to bring in the claim, the claim may e brought in by following parties:


  • Personal representative of deceased person’s estate
  • Surviving parent or parents of the deceased person


If the claim is brought in by the representative of the deceased person, damages recovered will be held by the estate for benefit of the deceased person’s kin.


What damages can be claimed in Georgia’s Wrongful Death cases?


In Georgia, two separate types of wrongful death claims are recognized. The first claim takes into consideration full value of the life of deceased. It estimates monetary related to both financial losses and intangible value of deceased person’s life. These are:


  • Loss of wages and benefits (taken into consideration what the deceased person might have earned if he or she is alive)
  • Loss of love, care and companionship and other intangible benefits that the person might have provided to dear ones


The second type of claim is brought by or on behalf of the deceased person’s estate. It is meant to recover the financial losses that the estate suffered because of untimely death of the person. Damages that are included in this claim are:


  • Medical expenses if any due to the last injury or illness of the deceased person
  • Funeral and burial expenses
  • Pain and suffering endured by the deceased person just before death
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