There are very few circumstances worse than losing a loved one without the opportunity to say goodbye. Unfortunately, hundreds of thousands of people are wrongfully killed every year. The causes of wrongful death vary — medical malpractice, nursing home abuse, drunk driving, violent crimes, gross negligence, and sometimes simple negligence.
The Basics of Wrongful Death Cases
In Georgia, there are two types of claims that may be presented when a loved one dies due to another's negligence. The first claim is a "wrongful death" claim. This claim includes the full value of the life of the deceased. The wrongful death statute is hedonistic in a sense - it looks at the question of how much life is worth from the perspective of the deceased. The wrongful death statute, O.C.G.A. § 51-4-2, is also designed to not only compensate the victim's family members for the loss of a loved one but also to punish the individual or entity that caused the wrongful death.
The second claim in a wrongful death case is the estate claim. The estate claim may recover all claims which would have accrued to the deceased had they lived - examples include hospital bills, funeral bills, and pain and suffering.
Even after proving fault, the prosecution of death claims can be quite complicated. We have handled many death cases at Justin T. Jones, PC. Call today for a free consultation today.