Dealing with the unexpected passing of a beloved family member is never easy. It can be particularly hard when it results from an accident or conditions that were otherwise preventable. When the reckless and negligent actions of others are responsible for a loved one’s loss, suing for wrongful death can provide a sense of justice. In addition to acting as a deterrent for future offenders, a financial settlement can provide security for surviving family members as they recover from their devastating loss.
Suing for Wrongful Death
Under the Georgia Code (O.C.G.A. 51-4-1 through 5), suing for wrongful death provides a way to compensate those closest to the victim for the value of the life lost in an accident or due to the reckless acts of another. Of course, no one can put a price tag on your relationship with a loved one, their contributions to your family and to society, or the heavy toll their loss takes on every area of your life.
What a family wrongful death claim can do is to provide compensation for some of the actual and estimated losses you are likely to suffer as the result of your loved one’s death, while making sure responsible parties are held accountable. Under the Georgia Code, those who may be entitled to a family wrongful death claim include the:
- Parents;
- Spouses;
- Children;
- Siblings;
- Other next of kin, who may have rights to inherit from the estate.
Damages Available in a Family Wrongful Death Claim
A recent case involving a tragic car accident and an automobile manufacturer accused of negligence highlights how suing for wrongful death can help to hold those at fault for your loved one’s death accountable.
According to a March 2018 report by WALB, the Georgia Supreme Court recently heard testimony regarding a 2012 car accident which claimed the life of a child. Four-year-old Remington ‘Remi’ Walden of Bainbridge was sitting in the back seat of his aunt’s Jeep when the vehicle was rear ended by another driver. The fuel tank was located in the rear axle and exploded on impact, causing a fire that killed the boy at the scene.
The court ruled that while the driver who rear ended the car was partially responsible, the majority of the blame fell to the vehicle manufacturer, who knew the vehicle’s design presented risks. The jury in the case ordered the Chrysler Corporation to pay the boys parents $120 million in wrongful death damages, along with an addition $30 million for the pain and suffering the accident caused.
Let Our Wrongful Death Attorneys Assist You
When struggling to cope with the loss of a loved one, you need someone looking out for your rights and interests. Reach out and contact Apolinsky & Associates, LLC to request a consultation with an Atlanta wrongful death attorney. We can advise you on how to get justice for your loved one through a family wrongful death claim.
The foregoing answers are not legal advice and are merely a general overview. You are advised to consult a lawyer to address your specific situation regarding your situation. Feel free to send comments or questions to: steve@aa-legal.com of Apolinsky & Associates, LLC, or call (404) 377-9191.
