All of us will die, but not everyone will be killed. That is a key distinction. Our firm has handled a substantial number of significant wrongful death cases throughout Georgia which claims are governed by Georgia’s Wrongful Death Act (the “Act”) found at Official Code of Georgia Annotated § 51-4-1, et seq.
The Act identifies the circumstances under which particular classes of individuals may bring a wrongful death claim. For instance, a surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the death of the spouse or parent the full value of the life of the decedent, as shown by the evidence. Absent a surviving spouse or child, the decedent’s parents may file the wrongful death claim. Similarly, in every case involving the death of a child, minor or sui juris, there shall be some party entitled to recover the full value of the life of the child.
If the deceased child does not leave a spouse or child, the right of recovery shall be in the parent or parents, if any, with certain conditions. If the parents are living together and not divorced, the right shall be in the parents jointly; if either parent is deceased, the right shall be in the surviving parent; or if both parents are living but are divorced, separated, or living apart, the right shall be in both parents. Tragically, wrongful death claims can arise in countless circumstances, including from car wrecks, motor vehicle crashes, trucking, commercial vehicle or 18-wheeler wrecks, train wrecks, motorcycle wrecks, medical malpractice, law enforcement errors both inside and outside of jail, suicide, among others.
We have represented families in each of these circumstances.
Put our experience to work for you.
