Wrongful Death Cases
In Georgia, families have a right to take legal action against parties they claim are responsible for the preventable death of a loved one. However, insurance companies view wrongful death cases as high-value claims that threaten their bottom line, and they work aggressively to deny liability and pay as little as possible.
The Faenza law firm that focuses on fighting for victims and families in personal injury and wrongful death cases. With a team of nationally recognized trial lawyers, we’ve helped grieving families in Atlanta and beyond recover millions of dollars in compensation in wrongful death and survival actions – and we are available to discuss how we can help you.
In Georgia, certain surviving family members are eligible to pursue legal action against parties they claim to be responsible for a loved one’s death.
Like personal injury claims, wrongful death actions generally claim that the defendant is liable (financially responsible) for causing a victim’s death. In most cases, families file wrongful death suits when death is caused by negligence. But there are situations where claims can be brought when death is caused by intentional acts.
Examples of situations that could give rise to wrongful death actions include:
- Intentional homicide
- Car accidents caused by negligent drivers
- Surgical errors, birth injuries, and other forms of medical malpractice
- Property owner negligence / negligent security
- Nursing home negligence and abuse
- Defective products and dangerous medications or medical devices
- Exposure to toxic substances
- Drownings and swimming pool accidents
In Georgia, many wrongful death cases involve two distinct but closely related claims.
A wrongful death action, which is brought by surviving family members and intended to provide compensation for “the full value of life of the decedent” (O.C.G.A. § 51-4-2.); and
A survival action, which is brought on behalf of a decedent’s estate for damages that the deceased would have been entitled to in a personal injury action had they survived. This can include damages for pain and suffering endured before death, as well as medical expenses or lost income incurred between the time of injury to the time of death.
According to O.C.G.A. § 51-4-2, only qualifying relatives of a deceased person can bring wrongful death lawsuits.
Which relatives those are will depend on a few factors. For example:
If the decedent was married at the time of death, a surviving spouse can bring the wrongful death lawsuit. In some cases, courts may authorize surviving children to bring the claim if the surviving spouse is unable to do so.
If the decedent was unmarried and had no children, Georgia law authorizes the victim’s surviving parents to bring the wrongful deathsuit. Surviving parents may bring the claim jointly if they are married or separately if they are not married.
If there is no spouse, children, or surviving parent, the wrongful death lawsuit can be brought by the victim’s estate. A recovery on that action would become part of the estate for the purpose of distributing to heirs named in a will or by intestate succession.
If you would like to discuss a claim involving a wrongful death, please contact us and let one of our attorneys discuss the matter with you. If you retain our firm, you can expect representation by lawyers who understand the complexity of this task and the importance of the result.