Surviving Family Members
What Wrongful Death Beneficiaries in Georgia Need to Know
If you have lost a spouse, parent, or child in an accident or car crash, our law firm can assist you in obtaining compensation for all outstanding medical bills, funeral costs, and other related expenses. Allow our firm to handle the legal process for you. The Law Offices of John Morrison, LLC has decades of experience with wrongful death claims, and we will ensure that the surviving spouse and/or relatives obtain just compensation on behalf of the deceased family member.
Who can file a wrongful death claim?
If someone is killed in an accident due to the negligence of another person or entity, certain surviving family members can file a wrongful death claim on their behalf.
In Georgia, the surviving spouse of the deceased party is the first surviving family member who has the right to file a wrongful death claim. If there is no surviving spouse, then the children of the deceased party are next in line to file the claim. If the deceased party has surviving minorchildren, an adult guardian or representative will take responsibility for the legal proceedings on their behalf. Our law firm can help you obtain a guardian or representative for the surviving minor children.
If the deceased party had no surviving spouse or children, then his parents or siblingsare able to bring a legal claim.
Finally, a personal representative of the deceased party may bring the wrongful death action if there are no surviving family members.
Do I have a case of negligence?
The first step to determine if one has a wrongful death claim is to determine whether another person’s or entity’s negligence was the proximate cause of the fatal accident or collision. Another person or entity must have acted in a negligent or intentional manner, and the negligent or intentional act must have been the proximate cause of the fatality.
One is deemed negligent for having engaged in a specific act or for not having acted at all when there was a legal duty to do so. An example of a negligent action would be an intoxicated person choosing to drive a vehicle and causing a collision because of the intoxication. An example of negligent inaction would be an employee in a hazardous area failing to warn passersby, if that employee had a legal duty to warn and if a passerby is subsequently killed by the hazard.
The Law Offices of John Morrison, LLC will help you identify all possible causes of action that you may have regarding the death of your family member, and we will gather all available evidence to demonstrate that a negligent or intentional act committed by the defendant directly led to the fatality.
How can I get help?
When you are ready to discuss your case, call our law firm at (770)951-8900 or fill out our contact form, and we will schedule a free consultation.