Wrongful death cases are created by statutory provisions found in Georgia law. A case is a wrongful death case if:
1. A death was caused by, 2. another’s negligent, reckless, intentional, or criminal act.
Punitive damages can be available in wrongful death cases if the facts support the conclusion that the liable party was reckless or acted with intent to do physical harm. Other damages that can be awarded stem from a families loss of the deceased. This recovery can stem from a loss of services, income, companionship, comfort, and society.
Because a wrongful death case is governed by statute, the individual(s) with proper standing to bring the claim can vary greatly depending upon the facts. It’s important to consult with an experienced wrongful death attorney in order to navigate this area of the law.
At Titus Smith Law, we are acutely aware of the fact that when you come to see us for a wrongful death case you are suffering from one of the, if not the greatest loss in your life. We promise to speak to you with dignity, compassion, and care.