Losing a loved one to a sudden, preventable accident is a traumatic and life-altering experience. On top of the intense emotional grief, surviving family members are often forced to deal with unexpected funeral bills, lost household income, and overwhelming financial uncertainty. When someone else’s reckless or negligent actions cause a fatal incident, understanding your family’s legal rights is essential to securing answers and justice.
You do not have to navigate this painful legal process alone. The compassionate Fairburn personal injury attorneys at Jonathan R. Brockman, P.C. are dedicated to fighting for grieving families throughout Fulton County. Contact us online or call us at 770-205-8887 today to schedule a free, confidential case evaluation with an experienced Fairburn wrongful death lawyer.
Experienced Attorneys Supporting Your Family
- Results in fatal accident cases: Our firm recovered $1.8 million in a commercial vehicle wrongful death case.
- Experience with related estate issues: Attorney Cynthia Matthews Daley has represented clients in wrongful death and estate matters, giving her insight into how these claims can affect one another.
- Help carrying the legal burden: We gather records, communicate with insurers, and guide your family through important decisions so you do not have to manage every part of the case while coping with your loss.
Who Can Bring a Wrongful Death Claim?
Georgia law determines which family member has the right to pursue a wrongful death claim. Under O.C.G.A. § 51-4-2, the surviving spouse generally files the claim and also represents the interests of any children. If there is no surviving spouse, the children generally hold that right.
Parents may pursue the claim when their child, including an adult child, leaves neither a spouse nor children, subject to O.C.G.A. § 19-7-1. If no eligible spouse, child, or parent exists, the estate’s executor or administrator may act for the next of kin under O.C.G.A. § 51-4-5.
Families do not always know who has the legal authority to file, particularly when probate or estate issues are involved. A wrongful death lawyer in Fairburn will review your family circumstances, determine who may bring the case, and address any questions before they create avoidable complications.
Understanding What Your Family Can Recover
Georgia measures wrongful death damages through the “full value of the life of the decedent,” as O.C.G.A. § 51-4-1 describes it. This standard considers the value of your loved one’s life from their perspective, including both financial contributions and the relationships, activities, and experiences they would have continued to enjoy.
The Value of a Life
No financial recovery can replace the person your family lost. In a wrongful death case, however, evidence can help demonstrate the value of the life that was cut short. Work records and expert estimates can show what your loved one likely would have earned in wages and benefits. Family memories, photographs, and accounts of everyday life can help show the personal value of the years and experiences that were lost.
Expenses and Suffering Before Death
The estate may pursue a separate claim for medical bills, funeral expenses, and other necessary costs under O.C.G.A. § 51-4-5(b). When the evidence supports it, the estate may also seek compensation for conscious pain and suffering your loved one experienced before death through a surviving injury claim under O.C.G.A. § 9-2-41. We can explain how these estate claims differ from the wrongful death claim and how they may proceed together.
Speak to a Fairburn Wrongful Death Lawyer for Free Today
Your family deserves the time and information necessary to make decisions about a wrongful death claim without added pressure. Jonathan R. Brockman, P.C. can listen to what happened, answer your questions, and explain the legal options available to you. Call 770-205-8887 or contact us online to schedule a free consultation with a Fairburn wrongful death lawyer.