The death of a loved one due to negligence or wrongdoing is one of the worst and most difficult things a person can experience. The emotional pain is often unbearable. In addition, the loss frequently includes significant financial hardship. If a loved one died due to negligence, recklessness, or wrongful conduct, you may be able to file a lawsuit for wrongful death.
If you believe your loved one died due to someone else’s conduct, the Atlanta, Georgia wrongful death lawyers at The Parrish Law Firm can fight to hold the parties at fault accountable. The Parrish Law Firm has successfully pursued claims for wrongful death against some of the largest and most powerful corporations in the United States.
In Georgia, a wrongful death claim may be brought by one or more individuals specified by Georgia’s wrongful death statute. O.C.G.A. § 51-4-2. The persons entitled to bring an action for wrongful death include the surviving spouse and the child or children of the decedent. Further, under Georgia law, the surviving parent or parents may recover for the wrongful death of a minor child. O.C.G.A. § 51-4-4, and O.C.G.A. § 19-7-1.
Any act (or failure to act) that is negligent, reckless, or otherwise wrongful may be the basis for a wrongful death claim. Wrongful death claims frequently arise from:
- Medical Malpractice
- Nursing Home Neglect or Abuse
- Product Liability
- Premises Liability (Dangerous Premises)
- Car Accidents
- Truck Accidents
- Commercial Vehicle Accidents
- Workplace Accidents
Recovery for the Death of a Family Member
Under Georgia law, the measure of damages in a wrongful death action is “the full value of the life of the decedent, as shown by the evidence.” O.C.G.A. § 51-4-2(a). The damages are measured from the perspective of the decedent. Bibbs v. Toyota Motor Corp., 304 Ga. 68, 73 (2018). Ultimately, if the wrongful death action goes to trial, the jury will determine the monetary damages for the loss as seen through the eyes of the wrongful death victim. These damages include the loss of enjoyment of life. Additionally, the damages include lost earnings that the decedent would have made for the remainder of his or her life.
Claims Belonging to the Estate-Other Claims that are Common in a Wrongful Death Lawsuit
In a wrongful death lawsuit, there are frequently claims that belong to the estate of the decedent. The claims that belong to the estate include any damages for personal injury prior to death. The personal injury damages include mental and physical pain and suffering prior to death, medical expenses, funeral expenses, and any lost income prior to death.
Seek the Assistance of an Experienced Atlanta, Georgia Wrongful Death Lawyer
Jon Parrish has extensive experience pursuing wrongful death cases and has been doing so during his entire career in private law practice. The Parrish Law Firm will guide you through the entire process from the beginning of the case until the end with compassion. The Parrish Law Firm offers free consultations for all cases, including wrongful death cases. If you hire The Parrish Law Firm to pursue a claim for wrongful death, there is no fee unless there is a recovery. Call 404-891-0141 for a free consultation.