Wrongful Death

When someone has died as a result of the negligence, carelessness or intentional act of another person, certain individuals are entitled to bring a civil wrongful death lawsuit against the wrongdoer. In many cases, the wrongful death claim is part of another claim, such a nursing home negligence claim, dental malpractice claim, medical malpractice claim, defective product claim, or motor vehicle negligence claim.  Unfortunately, a lawsuit will not bring back your loved one, and people often have mixed feelings about bringing a lawsuit, especially when the only remedy is money damages. However, the civil justice system’s only means of holding the wrongdoer liable and compensating for the death is a monetary award.  Under Georgia law, the wrongful death claimant is entitled to “the full value of the life” of the decedent. That is, the value of life to the decedent.  Such value of life evidence could include, among other things, how the decedent enjoyed spending their days, their relationships with family and friends, and the overall quality of their life. In a jury trial, the jury decides based on the evidence presented, a monetary amount representing “the full value of the life” of the decedent.

Only certain individuals have the right to bring a wrongful death claim in Georgia.  In Georgia, if the decedent was married, their surviving spouse is first in line to bring a wrongful death action. The surviving spouse must share the recovery with the decedent’s children. If the decedent was not married at the time of death, the decedent’s children are entitled to bring the wrongful death claim.  If the decedent was not married and had no surviving children at the time of death, the surviving parents may bring the claim. Lastly, the Administrator of the Decedent’s Estate may bring the wrongful death claim on behalf of the survivors, and the award is divided among the beneficiaries of the Estate.

When a death has occurred, in addition to the wrongful death claim, there may be a survivor claim that is brought by the Administrator of the Decedent’s Estate. For the survivor claim, the Administrator of the Estate essentially stands in the shoes of the deceased to bring a claim for medical expenses, pain and suffering and any other losses sustained from the time of the injury until the death. The Estate’s recovery is divided among the beneficiaries of the Estate.  If an Administrator has not been appointed for the Estate, we can discuss with you what steps must be taken to start that process.

Determining the proper parties to bring the appropriate claims is just the one of the first steps in the complex legal process. It is very important that you consult with an experienced wrongful death attorney as soon as possible. Coping with the death of a loved one is life changing and emotionally exhausting, and filing a lawsuit in the midst of a loved one’s death can be overwhelming, especially if you, like most people, have had minimal experience with the legal system. Therefore, it is very important that you hire an attorney with whom you are comfortable, whom you can trust to be responsive to your questions and concerns, and who will provide the personal attention you and your case deserve from start to finish.

When you call Wagner Hughes, you will speak with either Gretchen Wagner or Kate Hughes, and we will take the time to discuss your case with you, answer your questions and provide you with our legal evaluation of your case. This consultation is free. You will not be handed off to a lower level attorney, a case manager, an investigator, or a paralegal. You and your case will have the senior attorneys’ attention from initial consultation through recovery. Call Wagner Hughes at (404) 900-6979 if you would like experienced attorneys working on your case every step of the way.