Wrongful Death

A wrongful death occurs when a person’s death is caused by the wrongful act or negligence of another. A wrongful death is the basis of a lawsuit against the party or parties who cause a wrongful death. The action may be filed on behalf of certain members of the family of the deceased due to the wrongful death. The State of Georgia provides two causes of action in the event of a wrongful death. The first cause of action belongs to the survivors as determined by Georgia’s law of inheritance. This claim is the “wrongful death claim” and is a claim to recover the “value of the life” of the deceased. Among items which are considered in determining the “value of the life” are the deceased’s earning capacity and the intangible benefits that the deceased enjoyed during life. The second cause of action is a cause of action belonging to the Estate of the deceased. This cause of action is one to recover any medical expenses incurred as a result of the wrongful action, funeral expenses, and any pain and suffering endured by the deceased prior to death. This claim is generally brought by the Administrator of the Estate or the Executor of the Will of the deceased.
Wrongful death cases can arise in a number of situations. These include motor vehicle and trucking accidents, accidents caused by defective automobile or other products, accidents caused by reckless conduct of another person, intentional acts such as deliberate murder, actions due to defective drugs or medications, premises liability actions, and deaths which occur as a result of medical malpractice.
Georgia laws now provide a cap on non-economic damages for wrongful deaths occurring as a result of medical malpractice or negligence. Currently, Georgia law caps these damages at $350,000.00.
It is vitally important in wrongful death cases to have an experienced attorney enter the case as quickly as possible. The evidence concerning the wrongful death action must be preserved. Whether it is a part from a tool, an automobile, medical records, or other items, is essential that these items be gathered and protected. It is our experience that insurance companies representing the defendants in wrongful death actions begin their investigation and collection of evidence almost immediately after the incident causing the wrongful death occurs.
The loss of a loved one brings many unfortunate consequences to the survivors, and the grief and loss of companionship of a father, mother, or child is something that cannot be measured in terms of dollars or damages. However, in some circumstances, it is appropriate for the wife, husband, parents or children to seek damages for the wrongful death of a loved one.