Losing a loved one is an incredibly painful experience, especially when their death results from someone else’s negligence or misconduct. At internetlawyers.net, we understand the emotional and legal challenges you face during this difficult time. If you are seeking justice and compensation after a wrongful death in Atlanta, our experienced wrongful death lawyers are here to help you navigate the legal process and fight for the full value your family deserves.
Wrongful death, in legal terms, occurs when someone dies due to the legal fault of another person or entity. This often stems from accidents, and while criminal proceedings may address the responsible party through the state’s legal system, the civil justice system provides a pathway for surviving families to pursue compensation. While District Attorneys handle criminal aspects, our focus at internetlawyers.net is guiding you through the civil justice system to ensure your rights are protected.
Atlanta, unfortunately, sees a high number of fatal traffic accidents. Car accidents are a leading cause of wrongful death in our city, with Fulton County experiencing over 100 fatalities annually. Vulnerable road users like pedestrians, motorcyclists, and bicyclists account for nearly half of these tragic deaths. Statistics from the Centers for Disease Control (CDC) highlight the particular vulnerability of elderly pedestrians in accidents. Disturbingly, drunk driving is a factor in approximately 20% of fatal crashes in Atlanta, further emphasizing the need for accountability and legal recourse.
At Tobin Injury Law, our wrongful death lawyers in Atlanta are deeply familiar with the diverse circumstances that lead to wrongful death claims. We are committed to providing compassionate support to grieving families while relentlessly pursuing justice against those responsible for negligent actions. We strive to provide both empathetic counsel and strong legal advocacy during this challenging time.
How Wrongful Death Settlements are Divided Among Family in Georgia
Georgia law provides specific guidelines for how compensation from a wrongful death case is distributed among surviving family members. According to the Official Code of Georgia Annotated (O.C.G.A.) § 51-4-2(d)(1), wrongful death recoveries are generally divided equally between the surviving spouse and children. However, Georgia law ensures that the surviving spouse receives no less than one-third of the total recovery, regardless of the number of children.
For claims related to the deceased’s estate, distribution follows the victim’s will. If there is no will, Georgia law dictates how the estate is divided. These regulations can have nuances and exceptions. Our comprehensive Georgia Wrongful Death Law FAQ offers a more detailed explanation of the process of initiating a wrongful death claim and distributing its proceeds. We encourage you to contact us directly with any specific questions you may have regarding your situation.
Understanding the Types of Compensation in Georgia Wrongful Death Cases
O.C.G.A. § 51-4-2(a) defines the compensation standard in wrongful death cases as “the full value of the life of the decedent.” While no monetary amount can truly equate to the value of a human life, Georgia courts interpret “full value” in two key dimensions: economic and non-economic losses.
Economic losses encompass the financial impact of the death, including the income the deceased would have reasonably earned throughout their normal working life had their life not been tragically cut short. This also includes the value of services the deceased provided, such as household maintenance or childcare, that now have a replacement cost for the family. Calculating these economic losses is a crucial part of seeking rightful compensation.
Non-economic losses are inherently more challenging to quantify. There’s no simple formula to calculate the immeasurable value of life’s intangible aspects. Georgia law instructs juries to consider non-economic losses from the perspective of what the deceased has lost by not living a full life. This includes the loss of intangible things that enrich life. These can range from everyday pleasures like enjoying sunsets or hobbies, to significant life events like seeing children and grandchildren grow up, or simply experiencing the joys of daily life. These “treasures” represent the profound value of life. When these are unjustly taken from our clients, our dedicated Atlanta personal injury attorneys are committed to fighting for recognition of these losses.
While placing a monetary value on the loss of life’s pleasures is difficult, our experienced wrongful death attorneys in Atlanta are dedicated to presenting a compelling case. We meticulously gather evidence to help jurors understand the profound impact of the loss and the immeasurable value of what the deceased has been deprived of. By effectively portraying the victim’s life and losses, we strive to ensure that Georgia juries understand the true extent of the damages and award fair and just compensation to surviving family members.
