A death in the family is sudden and devastating when caused by someone else's negligence. When a spouse, parent, sibling, or other relative of a wrongful death victim contacts our office, we know that this is an incredibly difficult time.

Wrongful death is the term used when someone negligently causes the death of another person. The death may be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to recompense family members designated by law who have suffered from the death. Damages can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma.

In Georgia, only certain individuals are entitled to recover for the loss of a loved one. Generally, when the deceased person is an adult, his or her spouse or children have the right to seek recovery when death is due to negligence or an intentional act. The spouse is required to share a portion of the proceeds from any legal action for wrongful death with the children, but is guaranteed at least one-third of any recovery for wrongful death. The spouse controls the case. When the death of a minor is involved, the right to recover belongs to the child's parents. In the event a person is not survived by a spouse, child or parent, then the right to pursue a wrongful death action belongs to the deceased person's estate as determined by State Law.