Joseph P. McClelland, Esq.
McDonough Lawyer
Georgia Wrongful Death Attorney, McDonough Lawyer
Losing a loved one is always difficult,especially when the circumstances might have been prevented. If you’ve lost a loved one due to someone else’s negligence because a car accident, medical mistake, or defective product injury you may have a Georgia Wrongful Death case. By pursuing legal action, you can see that those responsible are held accountable for their negligence.
If a loved one is need of a wrongful death attorney, contact us at 770-775-0938 to set up a confidential consultation. These cases are emotionally and legally complex so engage a lawyer with empathy and skills.
Contact Your McDonough, Georgia Wrongful Death Lawyer
(1) ”Full value of the life of the decedent, as shown by the evidence” means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.
(2) ”Homicide” includes all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.
§ 51-4-2. Persons entitled to bring action for wrongful death of spouse or parent; survival of action; release of wrongdoer; disposition of recovery; exemption of recovery from liability for decedent’s debts; recovery not barred by child’s being born out of wedlock
(a) The surviving spouse or, if there is no surviving spouse, a child or children may recover for the homicide of the spouse or parent the full value of the life of the decedent.
(b) (1) If an action for wrongful death is brought by a surviving spouse and the surviving spouse dies pending the action, the action shall survive to the child or children of the decedent.
(2) If an action for wrongful death is brought by a child and the child dies pending the action, the action shall survive to the surviving child or children.
Contact Your Butts County and Henry County Attorney
Henry County Injury Lawyer
(d) (1) Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes, provided that any such recovery to which a minor child is entitled and which equals less than $15,000.00 shall be held by the natural guardian of the child, who shall hold and use such money for the benefit of the child and shall be accountable for same; and any such recovery to which a minor child is entitled and which equals $15,000.00 or more shall be held by a guardian of the property of such child.
(2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-third of such recovery as such spouse’s share.
(e) No recovery had under subsection (a) of this Code section shall be subject to any debt or liability of the decedent.
(f) In actions for recovery under this Code section, the fact that a child has been born out of wedlock shall be no bar to recovery.
Contact Your Butts County and Henry County Attorney
Henry County Wrongful Death Attorney
Butts County - Jackson and Jenkinsberg
Clayton County - Stockbridge and Morrow
Spalding County - Griffin
Jasper County – Monticello
See McDonough Car Injury Lawyer
See LawGuru.com
Contact your Wrongful Death Lawyer today.