The loss of a loved one is always an emotional and difficult experience which is made even more difficult when your loved one’s death is caused by the negligent, reckless of intentional action or inaction of a third party. When a loved one is lost, a family is left to cope with the pain of their loss while facing potentially devastating financial challenges. The loss of a loved one often deprives a family of its sole financial provider and can bury the family under staggering medical bills as well as funeral and burial expenses.
At McLeod Law Firm, we know that there is really nothing we can do to “compensate” you for the loss of someone you love in a serious accident. What we can do is help alleviate some of the financial hardship and administrative burdens of dealing with the insurance company of the party that caused the death of your loved one. We take care of these pragmatic real world problems so that you can focus on your own grief and recovery resulting from your tragic loss.
Our law firm represents those in Georgia who suffer wrongful death caused by the negligent or intentional conduct of another including but not limited to the following:
- Car Crash
- Construction Accident
- Tractor-Trailer Collision
- Motorcycle Accident
- Distracted Driving Car Wrecks
- SUV Rollover Accident
- Accident in the Workplace
- Busing Accident
- Head On Crash
- Drunk Driving Car Accident
- Violent Crime (Murder/Manslaughter)
- Pedestrian Accident
- Other Incidents Causing Personal Injury
A wrongful death lawsuit in Georgia may be initiated by a surviving spouse, or if the accident victim is unmarried, the child of the person whose death was caused by the wrongful conduct. The surviving spouse must share any recovery in a wrongful death action with any minor children of the deceased. If the person whose life is taken by another’s negligent, reckless or intentional misconduct dies without a spouse or children, the parents of the person who has suffered wrongful death may file a lawsuit. If none of these family members survive the wrongful death victim, the administrator of the estate of the victim may file a lawsuit for wrongful death.
When a wrongful death lawsuit is filed in Georgia, it really constitutes two separate claims. One claim is on behalf of a family by the Personal Representative of the Estate for the losses suffered by the family resulting from the death of their loved one. The damages that the family may recover for its own loss include both economic and non-economic damages, which may include:
- Economic Damages: Loss of financial support, loss of services (i.e. household and childcare services) as well as burial and funeral expenses.
- Non-Economic Damages: Grief and emotional anguish, loss of consortium (companionship and sexual services).
The other type of legal claim in a Georgia wrongful death lawsuit is called a “Survival Action” and is brought by the estate of the wrongful death victim to compensate for financial losses and pain and suffering experienced personally by the accident victim. The Personal Representative of the Estate usually brings this action in the same wrongful death lawsuit. This claim will include any medical or hospital expenses incurred prior to the death of the accident victim. If the wrongful death victim survived for any period of time between the accident and his or her death, a survival action may also compensate the victim for pain and suffering, emotional anguish and diminished quality of life from the time of the accident to the time of the victim’s death.
If your loved one has suffered wrongful death as a result of the careless, reckless or intentional misconduct of a third party anywhere in North Georgia, our experienced attorney and staff with handle your case with the compassion, dedication and care that you and your loved one deserves. We are committed to obtaining the best possible outcome for wrongful death victims through the use of skilled advocacy developed during our over 25 year tenure handling Georgia wrongful death lawsuits.