Wrongful Death
What is a wrongful death case?
Wrongful death claims are legal actions brought by the survivors of a person who was killed by a person or organization’s negligent or reckless actions. In Georgia, there are two common types of wrongful death claims survivors can make.
A traditional wrongful death claim can be made in Georgia to recover for “the full value of the life of the decedent.” Oddly, the law requires a jury to consider the “value of the life” from the perspective of the person who died, rather than the perspective of the person making the legal claim. The value of a life considers things like friendship, raising children, having fun, emotionally supporting loved ones, enjoying achievements, feeling proud of children, and experiencing life events such as weddings, graduations, and birthdays. The legal value of life also includes tangible items like making money and contributing to a household.
The other major type of claim in a death case is an “estate claim” or a “survivorship action.” These are filed by a representative of the deceased person’s estate. Estate claims include the cost of medical bills incurred from the injury that eventually caused death. The estate claim also includes compensation for the pain and suffering the deceased person endured from the time they were initially injured until the time they died – whether they died in a matter of seconds or over the course of months or years.
Often, when a traditional wrongful death claim is available, an estate claim is legally viable as well. The person(s) bringing the action does not have to choose between one or the other.
Who can make a wrongful death claim?
Georgia law allows the administrator of a deceased person’s estate to bring a claim to recover the cost of pre-death medical bills and the value of conscious pain and suffering endured by someone before their death. If someone dies without a will or doesn’t have a legal estate, an attorney can help set up the estate required to make such a claim.
Traditional wrongful death actions made to recover “the full value of the life of the decedent” can be made by the surviving spouse of the person who died. If there is no surviving spouse, the children of the deceased person can bring a wrongful death claim. If the child of the deceased is a minor (and therefore legally unable to make the claim), their surviving parent or guardian can bring the claim on their behalf. When someone dies without a spouse or a child, their parents can make the wrongful death claim.