Wrongful Death Attorney Team in Athens / Hartwell Georgia

Helping Family Members Recover Compensation for a Loved One’s Negligent or Intentional Death

Are you grieving the loss of a family member caused by another person’s negligent or intentional actions?

A Georgia law known as the wrongful death statute gives a surviving spouse and children the right to recover compensation for the death of a loved one caused by another person’s negligent or intentional conduct. While grieving is the most important priority following loss of a loved one, family members should be mindful to take the necessary steps to protect their legal rights if the death was wrongfully caused.

Our wrongful death attorney team at The Van Dora Law Firm, LLC understands what the family is experiencing and carries as much of the legal burden as possible, so family members can focus on their bereavement and on supporting each other. Our wrongful death lawyers have more than 60 years of combined experience helping families of deceased victims and injured victims recover the full compensation provided under Georgia laws. We are passionate about our work and take a team approach to maximize financial compensation in every case. Our approach includes providing personalized, compassionate, attentive service throughout representation and the legal process.

What Is a Wrongful Death Claim?

Georgia law defines a wrongful death claim as arising in a situation in which the “wrongful act, negligence, default, or breach of contract of warranty of any person / entity” causes the death of another person.” Legal fault in a wrongful death case may arise in several different ways, including:

• Negligence, such as a car accident
• Medical malpractice
• An intentional action, such as a crime
• Liability for a defective product

The primary purpose of a wrongful death claim is to recover financial compensation for the financial and emotional losses of surviving family members when a loved one dies through the legal fault of another person.

Who Can Bring a Wrongful Death Case in Georgia?

The statute establishes a priority order in which surviving family members are eligible to file a wrongful death lawsuit. The order is:

• The surviving spouse
• If there is no surviving spouse, a surviving child (or children)
• If there is no surviving spouse or child, a surviving parent or parents
• If there is no surviving spouse, child, or parent, the administrator or executor of the estate (for the benefit of the deceased person’s next of kin)

No other family member, such as a grandparent or sibling, may file a wrongful death case.

If a surviving spouse makes the wrongful death claim, the spouse also acts as the representative for any surviving children and must share any compensation with the children. However, the spouse always receives at least one-third of the damages, no matter how many surviving children there are. Complex statutory rules apply to division in certain situations, such as when the deceased family member had children who passed away.

What Is the Compensation in a Wrongful Death Lawsuit?

In a successful wrongful death claim, the deceased person’s eligible survivors recover compensation for the “full value of the life of the decedent,” which includes these economic and noneconomic (intangible) components:

• Lost wages, benefits, and other income that the deceased person would have earned during their lifetime
• Lost companionship, care, guidance, and other aspects of the survivors’ relationship with the deceased

Damages (compensation) in a wrongful death claim are paid to the eligible family members.

Wrongful Death Action v. Survival Action

In addition to the wrongful death claim, the estate of a deceased person also may have a separate claim, called a survival action, to recover for medical expenses for the period after injury immediately preceding death, other expenses of the deceased person that resulted from the injury or death, their conscious pain and suffering, and funeral and burial expenses. This compensation benefits the estate, and ultimately the beneficiaries or heirs of the estate. Our Van Dora wrongful death attorney team has the experience and skill to help the administrator or executor of the estate pursue a survival action, in addition to a wrongful death claim of the eligible surviving family members.

Free Consultation With A Georgia Wrongful Death Attorney

The wrongful death lawyers at The Van Dora Law Firm have the experience and skill to help your family recover under the Georgia wrongful death law. We do not charge for your first consultation.