Who can file a Georgia wrongful death lawsuit?

The anguish and loss resulting from the death of a loved one is painful enough without the added burden of wondering if you have the right to file a wrongful death lawsuit in Georgia. Not everyone can file a wrongful death claims in Georgia.  If you need legal advice, please check with the Georgia accidental death attorneys at Henry Spiegel Milling LLP. We offer years of experience in these ambiguous areas of the law and will provide careful attention to your case and compassionate care for your needs.

Eligibility

The Georgia wrongful death statute states that the measure of damages for wrongful death is the full value of the life of the deceased. That full value includes both economic damages such as projected lifetime income and intangible issues such as the enjoyment of the experience of living.  Georgia, unlike other states, does not have a statutory formula or limit on the amount of damages that may be awarded. That decision is left to the “enlightened conscience” of an impartial jury. According to Georgia law, these plaintiffs may file wrongful death lawsuits in Georgia:

• A surviving spouse. The spouse must share any recovery damages with any surviving children.
• Surviving children. If the spouse is also dead, the children share damages.
• Parents of the deceased.  They may collect compensation if there are no surviving spouse and children.
• The estate of the deceased. If the spouse, children and parents of the deceased are dead, the estate can file a wrongful death suit for any next-of-kin survivors.

Call Henry Spiegel Milling

Henry Spiegel Milling has handled hundreds of Georgia wrongful death claims for individuals and families over the years. We know the legal stumbling blocks involved in prosecuting various Georgia wrongful death lawsuits and understand your confusion and overarching desire for closure.  Please contact our wrongful death attorneys in Georgia us for a free consultation at 1-866-959-3877, or complete our contact web form.