Trial Attorney Blog
For over 50 years, Finch McCranie L.L.P. has been a stalwart advocate for families in Atlanta and across Georgia, handling numerous wrongful death lawsuits. In the unfortunate event of a person’s demise due to negligence, understanding the intricacies of wrongful death claims becomes paramount. This comprehensive guide sheds light on critical aspects, from entitled parties to the bifurcation of claims.
Understanding Wrongful Death Claims in Georgia
Wrongful death claims in Georgia typically encompass two distinct categories:
Wrongful Death Per Se: *Measured by the “full value of the life of the decedent,” without deducting necessary or personal expenses.
Estate Claims: Including medical expenses, funeral costs, conscious pain and suffering, and punitive damages.
These estate claims are filed by the estate’s Administrator or Administrator, with the proper plaintiff being determined by the decedent’s surviving relatives (O.C.G.A. § 51-4-1 et seq.).
Entitled Parties in Georgia Wrongful Death Claims
Surviving Spouse as Plaintiff:
Georgia law designates the surviving spouse as the primary plaintiff, representing themselves and any of the decedent’s children, inclusive of out-of-wedlock children.
The spouse holds near-unilateral rights to initiate and settle the suit, with the settlement shared equally with the surviving children. The spouse’s portion is always at least one-third of the total recovery.
No Surviving Spouse:
In the absence of a surviving spouse, the wrongful death claim belongs to the decedent’s children.
Any child can initiate the lawsuit, and other children may bring subsequent actions for a proportionate share.
Spouseless Child with No Children:
In such cases, the wrongful death claim belongs to the decedent’s parents.
Joint recovery rights exist if parents are living together. If divorced or separated, both parents retain the right, with equal splitting of any recovery.
Addressing Potential Issues Early On
To avoid complications, it is crucial to address relationship dynamics among surviving siblings or any divorce/separation issues at the earliest stage possible. This proactive approach ensures a smoother legal process.
Finch McCranie, L.L.P.: Your Trusted Partner
Having represented numerous families in wrongful death lawsuits, Finch McCranie, L.L.P. brings over 50 years of experience to the forefront. If you’ve experienced the loss of a loved one and believe a wrongful death claim may be appropriate, contact us at 404-658-9070 for a free consultation. Our seasoned attorneys are dedicated to providing compassionate and expert guidance throughout the legal process.
Conclusion
For over 50 years, Finch McCranie LLP has been a trusted legal partner, handling numerous wrongful death lawsuits in Atlanta and across Georgia. Understanding the complexities of wrongful death cases is crucial, especially when it comes to determining the entitled parties and the bifurcation of claims. Whether it’s pursuing the “full value of the life of the decedent” or addressing estate claims, our seasoned attorneys navigate the intricate legal landscape to secure justice for grieving families.
In scenarios where a surviving spouse takes precedence, our expertise ensures a comprehensive and advantageous representation. We emphasize the importance of addressing family dynamics early on, considering factors such as the surviving spouse’s right to control the action and the subsequent equal sharing of settlements with surviving children. Finch McCranie LLP is dedicated to providing insightful legal counsel, aiming to simplify the complexities associated with wrongful death claims in Georgia.
FAQs
Who is entitled to file a wrongful death lawsuit in Georgia?
The entitled party depends on the decedent’s surviving relatives. If married, the surviving spouse is the primary plaintiff, representing themselves and the decedent’s children.
What are the two main types of wrongful death claims in Georgia?
Wrongful death claims are typically divided into the “full value of the life of the decedent” and estate claims, covering medical expenses, funeral costs, conscious pain and suffering, and punitive damages.
How is the distribution of settlement handled in cases involving a surviving spouse and children?
The surviving spouse has a significant role in initiating and settling a lawsuit. Settlements must be shared equally with surviving children, with the spouse’s portion always at least one-third of the total recovery.
What happens if there is no surviving spouse?
In the absence of a surviving spouse, the right to file a wrongful death claim belongs to the decedent’s children. Any child can initiate the lawsuit, and other children may bring subsequent actions for a proportionate share.
Who has the right to recover in cases where the decedent is a spouseless child with no children of their own?
In such cases, the wrongful death claim belongs to the decedent’s parents. If living together, the right to recover is joint, but in the case of divorce or separation, both parents retain the right, with equal splitting of any recovery.
How can Finch McCranie LLP assist in wrongful death cases?
With over 50 years of experience, Finch McCranie LLP offers expert legal representation in wrongful death lawsuits. If you believe a wrongful death claim is appropriate for your situation, contact us at 404-658-9070 for a free consultation. Our seasoned attorneys are here to guide you through the legal process with compassion and expertise.