An Overview of Wrongful Death Case Law
The loss of a loved one is one of the most difficult and trying experiences any person goes through in their lifetime and bringing a wrongful death claim is the last thing on most people's minds. When the loss is sudden and unexpected, the experience is made that much more difficult to cope with. Your thoughts are where they should be, with the person you have lost, and not on the legal issues that arise whenever someone passes away. When one of your decisions is deciding if it is appropriate to pursue a claim against a person or company believed to be responsible for the death of your loved one, the first step is determining the right attorney to retain to assist you. The right attorney is the one who is not only competent to handle the case, but with whom you feel comfortable.
In Georgia, the laws limit who is entitled to recover for the loss of a loved one. When the deceased person is an adult, generally his or her spouse or children have the right to seek a legal recovery when a loved one has died due to negligence or an intentional act. The spouse is required to share a portion of the proceeds from any legal action for wrongful death with the children, but is guaranteed a one-third of any recovery for bringing a wrongful death action. When the death of a minor is involved, the child's parents have the right to recover. In the event a person is not survived by a spouse, child or parent, then the right to pursue a wrongful death action belongs to the deceased person's estate, who can bring an action on their behalf.
Georgia law states that individuals have the right to recover "the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived." O.C.G.A. S 51-4-1. The "full value of the life" is not limited to those items having proven monetary value, such as lost earnings, but include the loss of intangible items whose value cannot be precisely quantified. In the end, the judge will tell the jury that the amount to be awarded should be determined by their "enlightened conscience."
In addition to a claim for "wrongful death" for the full value of the person's life, the estate of the person also has a right to seek recovery for pain and suffering, if appropriate, and for economic losses that can include medical and funeral expenses. Depending on the circumstances, a claim for punitive damages may also be brought in certain cases.
Determining the appropriate value of a claim for "wrongful death" and for the estate's claim can be very complicated. It involves evaluating the nature and extent of the injury which led to the person's death, the economic losses that are recoverable, and the liability issues related to the situation that took place. Both the location where a trial would take place and the person's health are issues that are also factored into any evaluation of a wrongful death claim. Our office utilizes our experience to properly evaluate each case.
It is important to remember that insurance companies have vast experience in evaluating personal injury claims and will seek to obtain the lowest settlement possible. Because of this, it is important to have a person with considerable experience dealing with insurance companies on your behalf. It is best to retain an attorney who regularly handles wrongful death claims and will be prepared to institute litigation on your behalf if the insurance company is unwilling to settle your claim for a fair value.
Please remember that it is essential to act swiftly after you've been injured to preserve evidence, gather essential witnesses and to address other important factors. If you have any questions please feel free to call us today for a free and confidential consultation with one of the members of our firm.
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