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Law Offices of Shane Smith

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The Workings of a Wrongful Death Claim

Just because a deceased person cannot file their own lawsuit does not mean that they do not deserve justice.  If a person causes another person’s death due to negligence or intentional wrongdoing, the law allows the family members of the deceased victims to recover in court.  Wrongful death claims are available to families almost anytime the victim would have been able to sue himself had he survived the accident.  If you have lost a loved one, you and your loved one deserve justice.  Furthermore, you deserve to be compensated for any financial losses you suffered due to medical bills, loss of income for the household, funeral expenses, and more.  If a loved one has been killed because of someone else’s actions, always call a Coweta County wrongful death lawyer for help as soon as possible.


If there is a surviving spouse, that is the person who must bring the wrongful death claim.  If there are children, the surviving spouse must share any money with the kids, though the spouse always gets at least one-third of the award.  If there is no surviving spouse or children, the deceased’s parents may bring the claim.  Finally, if there are no surviving family members, a representative of the deceased’s estate can bring the claim and the money will go to the estate.


A wrongful death claim is much like a personal injury claim, with the same burden of proof and elements to prove.  The rules of evidence are the same as any other civil case.  Damages recoverable include medical bills, funeral expenses, loss of the expected income of the deceased, loss of any inheritance, loss of consortium and companionship of the loved one.

Contact a Fayette County personal injury attorney for a free consultation

If you have lost a loved one, it is important that you contact a wrongful death attorney as soon as possible to discuss a possible case.  Call the Law Offices of Shane Smith at (770) 487-8999 today.


Shane Smith
Advocate for the Seriously Injured in Georgia