Losing someone you love is always painful. When a death happens because of another person’s carelessness, the loss can leave a family searching for answers.
Georgia law allows certain family members to bring a wrongful death lawsuit when a person’s death results from another party’s negligence. The lawsuit cannot undo what happened, but it can hold the responsible party accountable. It can also provide financial compensation for the life that was lost.
Not every relative automatically has the right to file a wrongful death case. Georgia law establishes rules about who can bring the claim and what damages may be recovered.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil claim that arises when wrongful conduct causes another person’s death. Think about what would have happened if the victim had survived. If that person could have brought a personal injury claim, the death may instead give rise to wrongful death and related estate claims.
Wrongful death cases can result from many circumstances, including:
- Medical malpractice
- Car accidents
- Truck accidents
- Dangerous property conditions
- Defective products
- Workplace incidents
- Nursing home negligence
- Negligent security
- Intentional acts
The basic issue is whether another party’s wrongful conduct caused the death. A wrongful death case is separate from any criminal prosecution. The family may have a civil claim even if the prosecutors never bring criminal charges against the person responsible.
When Can You Sue for Wrongful Death in Georgia?
Not every unexpected death creates grounds for a lawsuit. Generally, there must be a legally recognized basis for holding another person or entity responsible. In a negligence case, the plaintiff usually must prove that the defendant owed the deceased a duty, breached that duty, and caused the death.
Consider a fatal medical malpractice case. A poor medical outcome alone does not establish wrongful death. The family must prove that a healthcare provider failed to meet the applicable standard of care and that this failure caused the patient’s death.
The evidence must connect the defendant’s wrongful conduct to the death.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia has specific rules establishing who has the right to bring a wrongful death claim. Family members cannot simply decide among themselves who will file the lawsuit.
For the wrongful death of a spouse or parent, Georgia law generally gives the surviving spouse the right to bring the claim. When the deceased leaves surviving children, the spouse represents their interests as well. If there is no surviving spouse, the deceased person’s children may generally have the right to pursue the wrongful death claim.
Different rules apply when there is no spouse or child. Depending on the family situation, a parent or personal representative of the victim’s estate may have authority to pursue a claim. The exact family relationships matter. A lawyer can examine the family structure and determine who has the legal authority to act.
What Is the “Full Value of Life” in Georgia?
Georgia wrongful death law uses the concept of the full value of the life of the deceased. That value has both financial and personal components.
The economic component can consider matters such as the income, benefits, and services the deceased person would likely have provided over the remainder of their life, but a person’s value obviously extends far beyond a paycheck. The non-economic component recognizes the value of experiencing life itself.
That distinction can be particularly important when the deceased person was a child, a retired person, a stay-at-home parent, or someone whose financial earnings alone would never capture the true value of the life lost.
What Damages May Be Available?
Depending on the claims involved, recoverable damages can include losses associated with both the wrongful death and the estate. Potential damages include:
- The full value of the deceased person’s life, including lost income, earning capacity, and services
- Medical expenses associated with the fatal injuries
- Funeral and burial expenses
- Conscious pain and suffering before death
- Other damages available to the estate
The damages available in a particular case depend on how the death occurred and which claims the family and estate can legally pursue.
Contact Malone Law Medical Malpractice and Severe Injury Lawyers To Schedule a Free Case Review With an Atlanta Wrongful Death Attorney
You may qualify for a wrongful death claim in Atlanta, Georgia, if your spouse, parent, child, or other family member died as a result of negligence. Georgia law determines who has the legal right to pursue a claim.
If you believe negligence or medical malpractice caused the death of a loved one, don’t wait. Contact Malone Law Medical Malpractice and Severe Injury Lawyers for a free consultation with an Atlanta wrongful death lawyer.
We can investigate what happened, determine if you are eligible, and help your family seek accountability and compensation under the law.
We proudly represent injury victims across Fulton County, including Atlanta and surrounding communities in Georgia.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346
(770) 390-7550
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