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Alongside your wrongful death attorney in Georgia, you will need to gather evidence to proves to the insurance company that: If your loved one had lived, the negligent act would have entitled the victim to file a personal injury claim. There are surviving distributees, children, or dependents of the victim.
If the person who died is survived by a husband or wife, then that spouse generally has the right to bring the wrongful death claim under Georgia law. If there is no surviving spouse, then any surviving children may bring the claim.
The only claim for damages which automatically vests with the decedent's spouse, children or parents is the claim for the ?full value of the life of the decedent.? In addition, the Estate of the decedent may seek to recover the ?funeral, medical and other necessary expenses resulting from the injury or death? of the ...
You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.
Heirs and family members who file the wrongful death claim make a joint decision regarding each person's amount. Any children or surviving spouses are entitled to the majority of the settlement proceeds. A dependent parent may also receive a share.
A spouse but no children, their spouse receives 100% of the wrongful death settlement. A spouse and children, the spouse receives 33% of the settlement, with the rest split between the children. Children but no spouse, the children evenly split the settlement.