Wrongful Death Attorney
In Georgia, when someone loses their life due to the negligence of another person, you may likely have a wrongful death claim. Contact the wrongful death attorney in Atlanta, Steven M. Barnett, for legal representation and collect the compensation you deserve. There are two (2) separate claims recognized under Georgia law; a death claim and an estate claim. The death claim covers the value of the life of the decedent.
The estate claim covers such damages as pre-death pain and suffering, funeral expenses, past medical expenses related to the death and the like. The key to any wrongful death case is to make a proper allocation of any recovery between these two claims; it can make a significant difference on the amount of recovery that the beneficiaries keep.
Under Georgia law, the living spouse of the decedent is the beneficiary of all money that comes from the wrongful death case (both the death claim and the estate claim). If there is no living spouse, then the children of the decedent are the proper beneficiaries. If no children and no spouse survive the decedent, the parents of the deceased may pursue the claim. O.C.G.A. ‘ 51-4-2. If more than one person is the beneficiary of such a claim, there will also be issues of how much each person will receive from the total recovery. For example, if the parents are pursuing a claim for the death of their child, it is not an automatic 50/50 split between the parents.
If one parent clearly supported the child more, then a Court is allowed to split the recovery how it sees fit. Also, if a minor child will receive more than $15,000.00, a Court will likely have to approve any settlement and will have to approve any distributions of the minor=s recovery. Again, there are many complicated issues with death claims and an experienced attorney is essential to work through the law in order to secure the best recovery possible for all involved.
If a loved one has lost their life due to the negligence of another, call Atlanta wrongful death attorney Steven M. Barnett, P.C. right away at 770.998.2102. There are specific filing deadlines that cannot be missed. Of course, our office takes all injury and death cases on a contingency basis; meaning, that we do not get paid unless we secure a recovery for you. And, we offer a free evaluation of your case. So, it costs you nothing to determine your legal rights. Call us today.
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