When a personal injury is severe enough to cause death, Georgia law provides for the close relatives of the decedent (deceased person) to bring a lawsuit for their loved one’s wrongful death. Scholle Law has litigated many wrongful death matters, supporting the decedent’s loved ones through the legal and personal aspects of these tragic cases. As Georgia accidental death lawyers, our experience in probate and estate administration sets us apart from other personal injury lawyers when families are dealing with wrongful death.
What is a wrongful death action?
A wrongful death is any death caused by the negligent, reckless (extremely careless) or intentional actions of another, such as in an auto accident, a truck accident, a motorcycle accident, an airplane accident, a crime committed because of poor security, premises liability, drunk driving, elder abuse or defects in a consumer product. In most Georgia personal injury claims, the injured person sues on his or her own behalf to recover compensation for an injury and the financial costs, physical pain and emotional suffering it causes. But when the injury results in the victim’s death, Georgia law allows the close relatives of the deceased person to sue for wrongful death and specifies both the family members who may file a wrongful death claim, as well as the priority each should have in that claim as follows:
- Husband or wife
- Any other heir or next of kin, designated by a will or by Georgia probate law
Why Is a Wrongful Death Action Important to Surviving Loved Ones?
Although family members who have lost a loved one due to a wrongful death might initially be uncertain about claiming financial damages, it is important to consider why such an action can be important to the family’s future. No amount of money will bring a loved one back, but the civil justice system provides a wrongful death action in order to punish gross negligence and to help make families whole. A large financial award can help families deal with the practical effects of a sudden death, including medical bills, funeral expenses and a lifetime of lost income that their loved one would have earned.
There are two parts to a wrongful death claim in Georgia. Family members may sue for the emotional and economic value of the decedent's life –– his or her lifetime income and enjoyment of being alive. At the same time, the estate of the decedent (which forms a sort of legal person in its own right) may claim damages for the financial cost of the accident, such as funeral expenses, as well as pain and suffering the decedent felt before death. If appropriate for the case, the estate, through an executor or personal representative, may also claim punitive damages –– payments intended to punish the wrongdoer for extreme indifference to human life.
As an experienced wrongful death law firm, Scholle Law's team has the experience, skill and compassion to handle all aspects of a wrongful death matter. We are adept at both wrongful death and probate and can work closely with an executor or personal representative to take care of details that can make the case a success. As in all areas of our practice, Scholle Law treats families who have lost a loved one with the respect and compassion they deserve.
SECURE A FREE GEORGIA WRONGFUL DEATH CASE CONSULTATION WITH AN EXPERIENCED ATLANTA WRONGFUL DEATH ATTORNEY BY CALLING toll–free at 1–866–972–5287 or in metro Atlanta at 770–717–5100.
Charles Scholle and the legal team of lawyers and legal professionals at Scholle Law are here to lift the burden of wrongful death and enable our clients to grieve and recover. We offer free wrongful death case consultations and evaluations for families and there is no obligation. Remember, to start the evaluation process all you need to do is send the firm a message online or call now toll–free at 1–866–972–5287 or in Atlanta at 770–717–5100.
From our main office in Gwinnett County, we serve clients from offices in Buckhead and the Perimeter and represent clients throughout Atlanta and Georgia. including Fulton County, Cobb County, Forsyth County, Dekalb County, Walton County, Jackson County and the cities of Lawrenceville, Marietta, Sandy Springs, Roswell, Decatur, Johns Creek, Lilburn, Snellville, Duluth, Lithonia, Loganville, Grayson and Norcross.