The W. Winston Briggs Law Firm represents the families and heirs of wrongful death victims. A wrongful death claim arises whenever a person is killed as the result of someone's negligent, reckless, or criminal conduct. Wrongful death claims arise from auto accidents and trucking accidents, motorcycle accidents, on-the-job accidents, medical negligence, product defects, toxic exposure, aircraft disasters, and in any other case where someone is killed due to the negligence of others.
Who Recovers for Wrongful Death Claims?
The proper party to recover in a wrongful death case depends on who survives the wrongful death victim (referred to as the "decedent"). According to Georgia's wrongful death laws, if the decedent is survived by a spouse, the surviving spouse may seek to recover wrongful death damages on behalf of the spouse and any surviving children. If there is no surviving spouse, the children of the decedent may assert the claim. If the decedent is not survived by a spouse or any children, the surviving parents or parent may file the lawsuit for wrongful death. If no spouse, child, or parent survives the decedent, other legal rules specify who may bring the claim. The W. Winston Briggs Law Firm lawyers can explain those rules in such a case.
What Types of Damages are Recoverable in Wrongful Death Cases?
In wrongful death cases, separate items of damages are legally recoverable. The surviving heirs (spouse, children, parents, etc.) are entitled to assert the claim for the wrongful death of the decedent. In Georgia, such a claim includes the value of the decedent's life itself, measured by loss of income over the course of the decedent's life. Under Georgia law, the measure of damages for wrongful death is the full value of the life of the deceased, which is measured from the perspective of the decedent. Damages for "the full life of the decedent" includes both economic damages (projected lifetime income, with no deduction for living expenses or income taxes, value of services, etc.) as well as intangible factors such as the enjoyment of the experience of living.
The "full value of the life" is determined solely by the enlightened conscience of an impartial jury. Georgia imposes no statutory formula or arbitrary limit on the damages awarded in a wrongful death case. The economic component of the value of the life may be reduced to present value under Georgia wrongful death law, but the intangible aspects of the value of the life are not reduced to present value.
In addition to the wrongful death claim that can be asserted by the surviving heirs, the estate of the decedent can also assert claims on behalf of the decedent. The decedent's estate is entitled to recover for any medical costs, funeral costs, and the pain and suffering of the decedent, if any, before they died. Of course, many times the administrator or personal representative of the estate will be one and the same person as the surviving heir, so the same person is entitled to assert both the wrongful death claims and the claims for pain and suffering.
How Is a Recovery Split in a Wrongful Death Case?
Georgia law controls how a jury award or pretrial settlement in a wrongful death case must be dispersed. Such recoveries generally must be split equally among the surviving spouse and children. If the children are minors, a guardian must be appointed who will legally hold the funds for them until they reach majority or until disbursement has otherwise been approved by the probate court.
Why Choose the W. Winston Briggs Law Firm to Handle Your Wrongful Death Case?
Georgia wrongful death law is complicated and should only be handled by qualified, experienced attorneys. The W. Winston Briggs Law Firm lawyers have more than 20 years of experience in successfully handling wrongful death cases. The types of wrongful death claims successfully pursued by the firm's lawyers include:
- Auto accidents
- Trucking accidents
- Pedestrian accidents
- Medical negligence
- On-the-job accidents
- Toxic exposure cases
- DUI cases
- Construction accidents
- Brain injury cases
Beyond having the experience to handle your case, Winston Briggs and the firm lawyers are prepared to try cases before juries if the defense refuses to settle the death claim for its full value without trial. Winston Briggs has tried more than 140 jury trials and is known as a lawyer who is willing to try cases. The W. Winston Briggs Law Firm has the experience, reputation, and passion to successfully handle wrongful death cases.
