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Georgia Negligence Laws in a Wrongful Death Claim

Georgianegligence laws may impact the outcome of a wrongful death claim. An attorney inAtlanta can review the details of your circumstances to determine if you have a case. Additionally, you will learn what types of damages may be recoverable. 

The loss of a loved one can be overwhelming, especially when you learn that it was caused by the careless or reckless actions of someone else. Yet this doesn’t necessarily mean that you will have the right to file a claim. 

If it’s found that your loved one was partially at fault, it could mean a reduction in compensation. Or it may even mean that you are unable to collect damages through a claim. Talking with a wrongful death claim attorney in Atlanta can help you better understand your legal rights as they apply to your particular case. 

An Overview of Georgia Negligence Laws 

Parties that are involved in an accident are assigned a percentage of responsibility. It could be that one party is found to be 100 percent at fault. Then there are a variety of other ways responsibility can be distributed among the parties, such as one being 80 percent responsible and the other 20 percent. 

Once liability has been established, it will then be determined if the party named in the wrongful death claim has reached a level of fault in which damages cannot be recovered.Georgianegligence laws are based on the modified comparative fault, 50 percent rule. 

This means that if your loved one was found to be 50 percent or more at fault for the accident, compensation will not be available. However, if he or she was 49 percent or less at fault, surviving family members may be entitled to file a claim to recover damages. 

The amount of the damages that may be recovered then will depend on the percentage of fault, if any, was assigned to the deceased. For instance, if your loved one was killed while crossing the street but did so against the light, he or she may be found partially at fault. 

Let’s say it is determined that your loved one was considered 20 percent at fault. The amount of compensation will be reduced by 20 percent from any damages that are available. So if the total damages equaled $10,000, then 20 percent would be taken, leaving a recovery of $8,000. 

Georgianegligence laws play an important role in personal injury claims or wrongful death claims; an attorney inAtlantacan help sort through the facts of the case and available evidence to help surviving family members assess their right to recover damages. 

Wrongful Death Damages 

OnceGeorgianegligence laws have been factored into your claim, it will be decided what types of damages are recoverable. These are generally awarded according to economic losses and non-economic losses. 

Economic losses are those that have a specific value, such as medical expenses, lost wages and potential future earnings. It also can include reasonable funeral and burial costs. 

Noneconomic losses don’t have a specific value but have worth nonetheless. They could include pain and suffering, mental anguish, the loss of parental guidance, and companionship. 

Consulting a Wrongful Death Claim Attorney in Atlanta 

According to the Georgia Department of Transportation (GDOT), through November 29 there have been 1,068 traffic fatalities in the state in 2012. Of those, 144 occurred on interstates, 496 on local roads and 428 on other state roads. 

If your loved one was killed due to another’s negligence, consult a wrongful death claim attorney in Atlanta at the Law Offices of Shane Smith as soon as possible. The statute of limitations for this type of case is two years from the date of your loved one’s death. Consulting an attorney immediately can help you get started on building your case. He or she can explain your legal rights and the impact thatGeorgia negligence laws may have on your case.


Shane Smith
Advocate for the Seriously Injured in Georgia