By Pierce Blitch
A Heartfelt Fight for Justice
Losing a loved one due to someone else’s negligence is deeply emotional. Families often face mixed feelings about filing a wrongful death lawsuit. No amount of money can bring back the departed, but it is the only way the law can acknowledge the value of life, provide compensation, and penalize the party at fault.
Using Legal Advocacy for Family Needs
Skillful legal advocacy in wrongful death cases can help secure funds for the family’s needs and honor the memory of the departed. Survivors can choose to use the monetary award for various purposes like supporting the family, educating children, or funding a charity in the deceased’s name, within the constraints of damage allocation to the spouse and children.
Understanding Georgia’s Unique Wrongful Death Law
Georgia’s wrongful death law, established before the Civil War, is among the most humane in the United States. Unlike neighboring states, Georgia law often provides better options. If the facts allow choosing between states, we weigh all options for filing the case. Under multijurisdictional practice rules, associating local counsel when necessary.
Two Claims for a Death in Georgia
Claim for Full Value of Life
The first claim is for the full value of life, which belongs to survivors designated by statute: spouse, children, parents, or heirs, depending on circumstances. This value includes both economic and intangible aspects, decided by the jury’s enlightened conscience. Economic aspects cover projected lifetime income and services to family and community, reduced to present value. Intangible aspects assess the quality of life and experiences of the deceased, not reduced to present value.
Survival Action for the Estate
The second claim is a “survival action,” where the decedent’s rights survive their death and belong to their estate. This includes compensation for pain and suffering before death, plus medical and funeral expenses. Punitive damages may be awarded here but not for the wrongful death claim. Legal counsel weighs whether to include a punitive damages claim.
Choosing the Right Claims
Deciding which claims to pursue depends on what makes sense for the family. Medical liens often influence this decision. Liens apply to the estate’s claim but not to the wrongful death claim. Limited insurance coverage and medical liens might lead survivors to pursue only the wrongful death claim. Ample insurance coverage and light liens might make including the estate’s claims worthwhile.
Valuing a Wrongful Death Claim
Valuing a wrongful death claim involves many factors like liability, contributory negligence, assumption of risk, and insurance coverage. It’s important to distinguish the case’s value from the true value of the loved one’s life.
Who Can Sue for Wrongful Death?
The right to sue belongs to survivors identified by statute:
- A surviving spouse can sue but must share the recovery equally with the decedent’s children. Guardianship rules apply for minor children.
- If no spouse survives, the right goes to the children. Missing spouses may allow children to pursue the claim alone.
- Without spouse or children, the right goes to the decedent’s parents, with court discretion in recovery allocation if parents are separated.
- In the absence of spouse, child, or parent, the estate’s administrator can sue on behalf of the next of kin, even minors, within specific time limits.
CALL THE Blitch Law Firm ATTORNEYS AT LAW TODAY TO DISCUSS YOUR PERSONAL INJURY CASE
We fight for you, and we don’t back down. Every personal injury case has potentially life-altering consequences. We don’t hold back on providing our clients the best possible representation. At The Blitch Law Firm, we understand the physical, emotional, and financial toll a personal injury case can take. If you, a family member, or a close friend has been injured due to someone else’s negligence, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our dedicated personal injury strategies with one of our compassionate and experienced attorneys.
DISCLAIMER: The content on this site is offered solely for informational purposes and might not represent the current law in your jurisdiction. None of the details provided here should be interpreted as legal advice from The Blitch Law Firm or from the individual writer. Additionally, it is not meant to replace professional legal advice. Readers should not base their actions or decisions to abstain from actions solely on the information found in or available through this site. Instead, they should seek tailored legal or other expert counsel regarding their specific situation from an attorney or other professional authorized to practice in the reader’s state, nation, or other relevant licensing area.