Who can file a wrongful death claim?
The state of Georgia has established the following protocol for determining who can file to collect benefits from a wrongful death claim. Our experienced advocates can help you choose the best course of action.
- The surviving spouse can file to recover damages from the responsible parties. If there are minor children in the household they will be considered among the beneficiaries of any settlement.
- If there is no surviving spouse, the children of the deceased have the right to a wrongful death lawsuit. (A court-appointed guardian may represent minor children.)
- If there is no spouse or children, the rights to file pass to the parent(s) of the deceased.
- When there is no spouse, child, or parent, whoever is serving as administrator of the deceased’s estate may choose to file a claim on behalf of any other next of kin.
The Personal Injury Advocates believe that everyone has the right to seek justice and to be treated justly under the law, and that’s why we fight for victims of wrongful death actions. Please, contact us today by calling 770-854-0400.
Types of wrongful death benefits
The types of wrongful death benefits you may be entitled to depend generally on the nature of the accident or injury that led to your loved one’s death. In instances such as drunk driving, medical malpractice, nursing home abuse, or other instances of gross negligence, the court may determine that punitive damages are necessary in order to serve as punishment for the negligent party’s actions.
Other types of wrongful death benefits
Even under more ordinary circumstances, survivors may be entitled to compensation for any of the following losses:
- Medical expenses
- Funeral and burial expenses
- Loss of earnings and benefits (pension, retirement, or medical coverage)
- Pain and suffering of the victim (if applicable)
- Loss of companionship to the survivors
Put our experienced advocates to work for you today. Call 770-854-0400 !
Determining liability in a wrongful death case
Liability must be established in wrongful death actions. You must establish that negligence contributed to the death and that reasonable precautions were taken by the deceased to prevent the accident or to seek care afterward, as well as other considerations. In wrongful death actions, we typically obtain the following information:
- Accident scene photos
- Accident reports
- Medical reports
- Remnants of any defective safety equipment or product involved
It is also important that a wrongful death claim be filed within two years of the death (or sooner with certain types of accidents). The time frame in which to file the lawsuit varies by state, as well as by the type of claim and even the type of defendant.
Our knowledgeable advocates will fight to get you the justice you deserve. Call our office today: 770-854-0400!
