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A wrongful death lawsuit is filed when it is alleged that an individual's spouse or loved one died as a result of someone else's negligent actions.
This can include someone passing away in a hospital due to medical malpractice, at work, or even in an auto accident.
A spouse or other loved one passing away too soon can plunge the bereaved family into a deep emotional spiral that can negatively impact every aspect of their lives, including their financial situation.
Nonetheless, while filing a wrongful death lawsuit in the state of Georgia, there are other parties—aside from fiancés or friend groups—that stand to gain from the death of the plaintiff when a settlement is reached.
We go over those beneficiaries in this post, along with what they would be eligible to receive if the wrongful death claim is successful.
The Spouse
The Spouse
In Georgia, the first people in line to file a wrongful death claim are typically the surviving spouse or domestic partner.
They may also make a claim on behalf of any minor children who could suffer financial hardships, particularly if those children resided with the deceased individual.
The legal child of the victim of wrongful death is entitled to file a lawsuit if the person was single before their passing.
If the victim leaves no will for the children, the spouse is entitled to one-third of the reward and is required to share the remaining portion with them.
The Children
The Children
If the victim's spouse is unable to bring a claim to court, or if the victim was never married, the victim's children may do so. Adopted children as well as biological children may file a lawsuit for damages.
The settlement must be divided evenly among all of the children if there are multiple.
Furthermore, if the child or children were financially dependent on the victim and were under the age of 18, they may be entitled to further compensation.
The Parents
The Parents
The victim's parents are now to pursue a wrongful death lawsuit if the deceased was an unmarried adult without any legal children.
If both parents are married, they can submit the claim together; otherwise, only one parent may do so, though they will both be equally entitled to the settlement.
Every parent has the right to file a claim for their deceased kid at any point in time that they feel the death was unjustified.
The Executor Of The Estate
The Executor Of The Estate
This person is typically tasked with filing a wrongful death claim in the event that the victim has no living parents, spouse, or kid.
If the executor wins the litigation, they will be required to deliver the estate or the court's verdict to the next closest living relative or to the person indicated in the will.
According to Georgia law, each person named in the will receives a piece of the estate.
What Would a Wrongful Death Settlement Cover?
What Would a Wrongful Death Settlement Cover?
Compensation for wrongful death might alleviate a deceased person's surviving family members' losses. The following are some typical categories of financial losses that a wrongful death settlement may pay for:
Medical expenses: The amount of money received to cover any costs incurred prior to the victim's death, such as medical bills.
Funeral and burial fees: Payment for burial charges, bills associated with the funeral, and other related costs.
Loss of Income, i.e., loss of benefits and future earnings that the dead would have received.
Loss of Consortium: Non-economic damages given to the survivor to compensate for non-tangible losses such as the absence of emotional support, direction, and companionship.
Pain and suffering: The agony and suffering endured by the departed individual prior to their departure, as well as the psychological turmoil faced by the qualified relatives following the unfortunate demise of the sufferer.
Punitive damages are awarded in situations involving egregious negligence or malicious behavior. These usually entail criminal activity of some kind.
The specific damages that are covered can change based on the case's specifics. A skilled personal injury lawyer will assess the case and assist in obtaining financial recompense for the family members who are still living.
Having a personal representative in the form of a wrongful death attorney can help you have a good outcome in a potentially difficult wrongful death claim.
Contact Our Wrongful Death Lawyer Now
Contact Our Wrongful Death Lawyer Now
At The Law Offices of Julian Lewis Sanders & Associates, we have dedicated more than 20 years to helping clients through this trying time by making sure they are seen and heard. We fight for the justice and damages you are entitled to, and we won't stop until you are emotionally, physically, and psychologically victorious in court. Use the form below to book your free introductory consultation.
The Law Offices of Julian Lewis Sanders & Associates
The Law Offices of Julian Lewis Sanders & Associates
3560 Lenox Rd #1500, Atlanta, GA 30326
3560 Lenox Rd #1500, Atlanta, GA 30326
(678) 705-9581
(678) 705-9581
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