When Negligence Results In Death
Not everyone can file a wrongful death lawsuit in Georgia. Some of the restrictions placed on these claims include:
- When a child dies due to the negligence of another, or an intentional act against him or her, only the parents have the right to recovery.
- When an adult dies, the surviving spouse and children share the right to recover. The spouse must share with the children, but the children must cede one-third of any award to the spouse.
- When someone dies who is not survived by a spouse or children, the right to pursue a wrongful death claim goes to the deceased’s estate.
How Wrongful Death Lawsuits Work
A wrongful death suit in Georgia entitles surviving family members to “the full value of the decedent’s life.” So people can sue not just for lost earnings, but also for the loss of intangibles whose value is harder to assess. Ultimately this assessment is left to the jury using its “enlightened conscience.”
As a Warner Robins wrongful death attorney, this is a hard practice area for myself and my legal team at the Law Office of T. Rabb Wilkerson, III, P.C. But it is the only process by which surviving family members can be compensated for such a severe loss.
Compassionate Representation Designed to Hold Negligent Parties Accountable
Our office strives to conduct these cases with sympathy for the families and respect for their claims.
If you have lost a loved one in an accident, it is important to act quickly to hire an experienced personal injury lawyer to preserve evidence and obtain statements from witnesses.
Contact a Houston County Fatal Accident Attorney
If you have lost a loved one in a fatal accident, you may be entitled to financial compensation. Contact me online or call 478-225-4370 to schedule an initial consultation. There is no risk and no obligation to find out if you have a case.