Georgia’s wrongful-death statute allows for two distinct claims. The statutory wrongful death claim and the estate of the deceased can be filed separately. The spouse of the victim is entitled to the former, while the children are entitled to the estate. If the decedent’s spouse is also survived by children and spouse, the spouse usually controls the claim and pursues it. However, the proceeds must be shared with the children. If there is no spouse or children, the claim vests in the parents.
Georgia law allows you to recover the entire economic value of the life of your loved one. Although there is no money that can compensate you for the loss, Georgia law allows you to recover income lost over a lifetime. The economic value of a person’s existence is usually established by the presentation of expert testimony from economists or actuaries. This is based on the earning potential, education, and employment of the deceased.
A wrongful death lawyer from H Groves Law in Gainesville can provide an expert opinion on the income loss resulting from the death or wrongful death of a family member. Georgia law also allows the jury to assign an irreplaceable value to someone’s life. A jury can award virtually any amount of money in connection to a wrongful-death claim. In many cases, punitive damages can be awarded in connection to a claim of wrongful death.
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Georgia Wrongful Death Lawyers From H Groves Law
The estate’s claim is the second component of a wrongful-death claim. It covers costs such as pain and suffering, funeral expenses, and medical bills. This claim is useful in cases where the deceased was able to survive for a specific time after the accident. If the estate of the deceased is not substantial, it might be beneficial to forgo any claim to the estate to avoid certain liens that could attach to the proceeds of the settlement or verdict.