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Georgia Wrongful Death Claim Process I Clayton County Wrongful Death Attorney Answers Common Questions

Georgia Families Have Legal Right to Seek Justice for their Deceased Loved One

The last thing families want to think about after losing a family member from a fatal Clayton County auto accident is being vengeful. However, families in North Jonesboro are entitled to seek justice for their deceased family member and hold those responsible.

Understanding what Georgia law entitles families of car accident victims to is essential to letting you decide how to honor your loved one’s wishes and heal your emotional and financial damages. Speaking with a wrongful death attorney at the Law Offices of Shane Smith will enable you to know all of your legal rights and what options you can pursue. Contact our offices today at (888) 927-6955.  

During a wrongful death claim, Clayton County families are entitled to seek the full value of the life of their deceased family member. Available damages for a wrongful death claim include both economic and emotional damages. The so called “full value of the life” is ultimately determined by an objective jury of your like-minded peers. Georgia State law does not have a cap on the maximum financial award in a wrongful death claim for combined damages.

Economic damages include:

  • Loss of lifetime income
  • Funeral expenses
  • Medical expenses

Emotional damages include:

  • Loss of life
  • Loss of enjoyment of one’s spouse
  • Emotional distress

However, since each fatal victim from a North Jonesboro auto accident has unique circumstances, it is best to speak with a wrongful death attorney at the Law Offices of Shane Smith to get a comprehensive assessment of what you are entitled to. During your free consultation, you will be able to understand more and ask questions to determine how your circumstances dictate your potential legal claim.

If the victim of a fatal accident has a surviving spouse, this person generally has the first right to pursue a North Jonesboro wrongful death claim. Surviving spouses with children that receive a settlement or court award must apportion the award as follows:

  • One-third to the surviving spouse
  • The balance will be split evenly among the deceased’s and surviving spouse’s biological children. If the children are under 18 years old and are awarded up to $15,000 in a wrongful death claim, the child’s natural guardian may hold the funds without a bond.
  • If a minor child receives more than $15,000 as part of the final wrongful death claim award, the natural guardian may still hold the excess property beyond the original $15,000 but the natural guardian must be approved by the Clayton County probate court and have a bond posted. However, a bond may not be necessary if the final wrongful death claim settlement approves an annuity payments going to the child once he or she reaches 18 years old and the natural guardian having no more than $15,000 of the child’s property.

Losing a loved one through an untimely and sudden Jonesboro persona injury claim is very painful. Speaking with a wrongful death claim attorney at the Law Offices of Shane Smith will enable you to obtain the justice your loved one deserves. Your free legal consultation will also be able to help you determine who is best suited to sue on your loved one’s behalf and how to efficiently manage the final settlement.


Shane Smith
Advocate for the Seriously Injured in Georgia