Wrongful Death
Losing a loved one can be difficult to bear. When losing a loved one to a traumatic event such as a car accident, trucking accident, or other traumatic event, it is often challenging to balance grief with the pursuit of justice for his or her death. We strive to walk alongside our clients during these difficult times and handle all of their legal needs, ranging from probate matters to vigilantly seeking justice for the loss of their loved one.
Frequently Asked Questions:
Q: My parent was killed in a car accident. I have two siblings. Who is authorized to bring a claim against the negligent driver for my parent’s death?
A: It depends. In Georgia, we recognize two separate claims is it pertains to the death of a family member:
(1) an estate claim and
(2) a wrongful death claim
If the parent who died had a valid will at the time of his or her death, the executor of the will would be authorized to make a claim on behalf of the estate. If the parent died without a will, an administrator would need to be appointed over the deceased parent’s estate in order for the estate to bring forth an estate claim.
For the wrongful death claim, if the parent is survived by a spouse, the spouse is typically the proper party to bring the claim; however, the surviving children are typically entitled to a share of the proceeds from the wrongful death claim, even though the spouse is the proper party to actually bring forth the claim. If the parent dies without a spouse, the children are typically the proper parties to both bring forth the claim and to be entitled to any proceeds from the claim
Q: My loved one was killed at an apartment complex, due to improper security measures on the property. We have an open claim against the apartment complex. We have incurred a lot of expenses, including funeral and medical expenses. Are there any financial resources available to us while we wait for the claim to be resolved?
A: If there is a pending criminal matter, you may want to check with the District Attorney’s Office that is prosecuting the case. They often have programs for crime victims in which they help compensate victims and families who have been victims of violent crimes.
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