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Did you lose a loved one because of a car accident?

On Behalf of | Aug 4, 2023 | Car Accidents

If you drive with reasonable care, you should be able to avoid car accidents. However, there are other people on the road. Imagine losing a loved one in a car accident because of another driver’s negligence and recklessness. A car accident can kill an individual immediately on impact. It can also cause catastrophic injuries that eventually lead to death. Either way, the car accident caused the wrongful death of your loved one, a death that was preventable.

The person responsible for their death should face the legal repercussions of their negligent actions. In Georgia, the surviving spouse, children, parents or personal representative of the estate can file a wrongful death claim for the full value of the life of the deceased.

What are the recoverable damages in a wrongful death claim?

A wrongful death claim is like a personal injury claim, except that this time, your loved one is no longer alive to recover justice. But you are here to fight for them and your family’s rights. A wrongful death claim could allow you to recover:

  • Medical expenses
  • Funeral and burial expenses
  • Income loss
  • Loss of benefits
  • Loss of pension payments
  • Pain and suffering your loved one endured before their death

The court will determine the full value of your loved one’s life by calculating the gross sum of what they would have made or earned had they not died. Under certain circumstances, the surviving family members might be able to recover more, including intangible or noneconomic damages and punitive damages.

Pursuing a wrongful death claim

Wrongful death claims can be overwhelming, especially when you do not know the extent of the damages you and your family suffered. The statute of limitations in Georgia is two years after the death of your loved one, not from the date of the accident. You have time to pursue a claim, but you should act immediately. It would be best to understand how the laws of the state can help your family after such a devastating loss.