What is Wrongful Death?
Not every death qualifies as a wrongful death. Instead, Georgia law defines wrongful death as one that results from negligent, reckless, intentional, or criminal behavior.
At MG Law, our wrongful death attorneys in Covington see many cases that result from:
- Car accidents;
- Truck accidents;
- Motorcycle accidents;
- Accidents involving pedestrians;
- Medical malpractice; and
- Defective products.
The key will be to show that the defendant’s conduct was wrongful as defined by the statute. You must also show that this wrongful conduct was the cause of your loved one’s death.
Who Can File a Wrongful Death Case?
Georgia law identifies who can bring the lawsuit and who can receive compensation. The rules are as follows:
- A surviving spouse can bring the wrongful death claim and receive compensation on behalf of themselves and any children. According to Georgia Code § 51-4-2, if there are children, then the spouse cannot receive less than 1/3 of the amount of compensation received.
- If there is no surviving spouse, then children can bring the lawsuit themselves and split the compensation between them.
- Sometimes, a loved one leaves behind no spouse or children. In that case, either surviving parent can bring the claim and receive compensation from the defendant.
- When no parents are living, the estate’s personal representative brings the lawsuit, and compensation goes to the deceased person’s next of kin.
If you have a question about whether you can file suit, contact a Covington wrongful death attorney immediately.