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Under Georgia law, a wrongful death occurs when someone dies due to the negligent or intentional acts or omissions of another. This is a very broad definition which encompasses a wide variety of causes of wrongful deaths. A wrongful death can occur under an almost infinite variety of circumstances. However, some of the most frequent causes of wrongful deaths in Georgia are motor vehicle wrecks (attributable to DUI and ordinary negligence) involving vehicles as, tractor-trailers, motorcycles, cars, boats and recreational vehicles, nursing negligence, medical malpractice, dangerous products, dangerous premises, etc.

Contact The Dow Firm, P.C. today for a free consultation or call (912) 264-1919.

After the loss of a loved one, most people are engrossed in the process of grieving, making arrangements for a funeral and handling other pressing matters – not the building of a wrongful death case. These processes, for obvious reasons, are emotional and complicated. Matters associated with probating estates and gathering and preserving evidence related to the cause of the loved-one’s wrongful death are often the farthest things from anyone’s mind. Nevertheless these are extremely important and often overlooked priorities that can severely impact the ability to vindicate a wrongful death claim once the dust settles and a grieving party is able to address the issue. That is why the employment of an aggressive and specialized law firm like The Dow Firm, P.C. as soon as possible is necessary. Hiring a firm like ours allows you to focus on the emotional matters while we go about preserving your legal rights unhampered by the grief you are understandably experiencing. Stated another way, you leave the hard work to us while you heal.

For informational purposes, according to Georgia’s statutory scheme (codified at O.C.G.A. § 51-4-1 et. seq.), a person’s wrongful death gives rise to two (2) separate and distinct claims – one (1) vested in the survivors of the decedent and one (1) vested in the decedent’s estate.

The survivors’ claim encompasses the “full value” of a decedent’s life. And the full value component is divided into two (2) distinct elements, an economic value (based upon the deceased person’s financial circumstances – earnings and retirement – at the time of his/her death) and an intangible facet (based upon the mosaic of all other aspects of the deceased person’s life – like the decedent’s love of family, hobbies, charitable work, etc.). The value of the survivors’ action is determined based upon what the deceased person’s life meant to the deceased person.

The estate claim is essentially comprised of the decedent’s final healthcare expenses attendant to his/her injuries sustained just before death, the funeral and burial expenses necessitated by the wrongful death and then the conscious pain and suffering the decedent experienced prior to his/her demise.

Wrongful death claims in Georgia may be filed only by specific persons who have a relationship with the person who died. These people include the survivors (spouses, children, parents or other relatives of the deceased) and the estate representative (the person designated under a will or, if the decedent died without a will, the person appointed by law).

Just like the loss of a loved one, Georgia wrongful death law is complicated and difficult. However, with the services of The Dow Firm, P.C. those who are grieving can expect their troubles to be minimized as the firm preserves their rights for another day when they are in a frame of mind to vindicate the memory of the deceased.

Contact The Dow Firm, P.C. today for a free consultation or call (912) 264-1919.