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Wrongful Death
The loss of a loved one is the most difficult experiences any person goes through in their lifetime. When the loss is sudden and unexpected, the experience is made that much more difficult. Your thoughts are where they should be, with the person you have lost, and not on the practical things that arise whenever someone passes away.
When one of those practical things is deciding if it is appropriate to pursue a claim against a person or company believed to be responsible for the death of your loved one, the first step is determining the right attorney to retain to assist you. There are many fine attorneys who can assist you. However, the right attorney is the one who is not only competent to handle the case, but with whom you feel you can have a strong working relationship.
In Georgia, only certain individuals are entitled to recover for the loss of a loved one. Generally, when the deceased person is an adult, his or her spouse or children have the right to seek a legal recovery when a loved one has died due to negligence or an intentional act. The spouse is required to share a portion of the proceeds from any legal action for wrongful death with the children, but is guaranteed one-third of any recovery for wrongful death.
When the death of a minor is involved, the right to recover belongs to the child's parents. In the event a person is not survived by a spouse, child or parent, then the right to pursue a wrongful death action belongs to the deceased person's estate.
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