What Can You Recover For A Wrongful Death From A Truck Accident In Georgia?
Even worse than getting into an accident is getting into an accident that resulted in a wrongful death. As the loved one of the victim, you may be wondering what kind of damages you can recover in the state of Georgia when something tragic like this happens.
If You Were Involved In A Truck Accident That Resulted In A Wrongful Death, We Can Help
Hearing that your loved one was in an accident is bad enough. When that loved one dies as the result of another driver’s negligence, there are no words to describe the anger and loss felt by the victim’s family. You want justice, and our lawyers at Prieto, Marigliano, Holbert & Prieto, LLC want to help you get it.
In a wrongful death case, you may want to hire a lawyer to help you if you feel you are not in the right place emotionally to fight the case. Our personal injury lawyers at Prieto, Marigliano, Holbert & Prieto, LLC are here for you. We can handle as much or as little of the case as you feel comfortable with so that you can focus on what is truly important: grieving your loved one and getting his or her affairs in order.
Fill out the form to the right, or call us at (855) 329-7144 to speak with one of our qualified professionals. We will provide you with a free consultation and no obligation to retain.
Filing A Wrongful Death Claim
In Georgia, state law dictates specific and strict rules insofar as who can file a wrongful death claim. First and foremost, if the victim was married, then his or her spouse is entitled to file the claim. If the victim also had children, then the spouse must act as a representative on the children’s behalf.
If the victim was divorced, then his or her children would file the claim jointly and would receive the damage award in a similar manner. If the victim had no children and was not married, then either the victim’s parents can bring the claim, or an appointed administrator or executor of the estate can do so.
By law, if damages are awarded in a wrongful death case, then the victim’s spouse is entitled to one-third of the award. He or she then shares the remaining damages with the children.
A technicality arises if the victim had grandchildren, but the parent of those children (the child of the victim) passed away before the accident ever took place. You would think that the damage award would then be inherited by the victim’s grandchildren, but that is not the case.
The only way the victim’s grandchildren can claim the award is if the victim’s child helped file the wrongful death action but died before the damages could be awarded. The victim’s grandchildren do not automatically inherit a damages award simply for being the victim’s grandchildren.
Types Of Damages
When a loved one is the victim of a wrongful death, there are several types of damages the victim’s loved one can claim. Those damages include:
- Funeral and burial expenses
- Medical expenses related to treating the victim’s injuries prior to his or her death
- Lost wages and benefits that the victim would have been earning, and that could have gone toward taking care of his or her family
- Pain and suffering that the victim experienced prior to death
- Loss of care, companionship and other similar benefits
In a wrongful death case, you must file two separate claims for compensation. One claim covers the expenses related to the victim, such as medical care and funeral expenses, and the other covers the financial losses to the victim’s family. The general rule in a wrongful death action is that the compensation awarded should be for “the full value of the life of the deceased.”
Unfortunately, truck accident cases are more complicated than car accident cases due to the federal and state regulations involved. If you have suffered the loss of a loved one in a truck accident due to the other driver’s negligence, you may be better served in having a lawyer who knows the ins and outs of the industry fight the case for you. This is true even if you have fought your own car accident lawsuit in the past and won. Truck accidents are an entirely different matter altogether.
You can count on our lawyers at Prieto, Marigliano, Holbert & Prieto, LLC to fight for the fairest and just result for your case. We have years of experience helping clients just like you. We understand your situation, and we are here to provide you with the support that you need. We can be reached at (855) 329-7144. Or you can use our online contact form to sign up for a FREE consultation.