Legal Question in Personal Injury in Georgia

Re: wrongful death

Please call my office. We are experienced in these type cases.

If your mother was married, her husband probably will have to pursue any claims. If not, her children usually are the ones to do it.

I'd want to see the police report and hear more information, but if the other driver did do what you say and that can be proven, a wrongful death case may involve significant damages.

There are strict time periods to file so time is critical. Don't delay getting a lawyer and do not talk to the insurers at all.

Re: wrongful death

I am very sorry for your loss. I was wondering if you ever decided on a lawyer for your potential wrongful death case. Before you do, please visit our website for helpful information and resources on personal injury and wrongful death law at www.ny-injurylawyer.com or call me, Pasquale Calcagno, Esq. of Calcagno & Associates at 1(800)WE-FIGHT for a free consultation. Thank you.

Re: wrongful death

The reply by Mr. Shigley is an accurate statement of the law regarding wrongful death cases in Georgia and is essentially what I would say on that subject. I will not repeat that information. Let me add a few things, however. It is unclear from your question: Was your mother driving at the time? Was she a passenger in a car driven by someone else? Was she a pedestrian? These all effect the issue of insurance coverage, particularly if the defendant driver has no coverage or minimal insurance. Uninsured motorist coverage(UM) can take the place of liability insurance or be "stacked" to provide additional insurance benefits if available. If, for example, your mother was a passenger in someone else's car when this happened you may be able to take advantage of that person's UM coverage. There are many issues like this that have to be explored one at a time. I promise you the insurers will not tell you what coverages actually are available or help you find evidence supporting your case. Another issue is where did the collision take place? If it was in an area where the GA State Patrol customarily does the investigation there was an accident reconstruction team dispatched that completely investigated, photographed and reconstructed this incident. A comprehensive report called a SCRT report will be issued (it takes a long time for that). Some local jurisdictions do this also. This case needs to be looked into by a lawyer on your behalf ASAP. Finally, you need to carefully research lawyers before hiring one.The Internet is a good place to find information. Martindale-Hubbell law directory is another (it can be accessed online). There are plenty of lawyers who will blow smoke about how experienced and good they are when they really don't know jack. Many a meritorious case has been ruined because of a bad attorney and once you are stuck with one it is hard (and sometimes expensive) to get rid of him/her. Get someone GOOD to handle this case. Good Luck.

Re: wrongful death

You would have a wrongful death case. Please contact me directly this weekend at 678.576.7385. We handle cases all over Georgia, including those in the Jefferson area.

Re: wrongful death

First, I am very sorry to hear about your mother. Second, I think it is important you speak to a lawyer right away. You don't say how long ago this took place, but if it is recent, a lawyer can help to preserve evidence and investigate the accident scene before the evidence is destroyed and the scene is contaminated. I am happy to answer any questions you may have if you would like to contact me.

Re: wrongful death

I am sorry to hear of this tragic accident and your loss. For nearly 17 years, our firm has assisted families who have lost loved ones in motor vehicle accidents. Obviously, at this point, I have more questions than answer and would be glad to speak with you personally to discuss the case. If you desire to discuss this matter before Monday morning, please call my office and I will return the call.

With condolenses,

Re: wrongful death

First, I am very sorry to hear of your tragic loss.

Second, you should understand that in Georgia, there are two claims for a death. First, there is a "wrongful death" claim for the full value of the life of the decedent, including both tangible (economic - projected future income and benefits with no deduction for living expenses or taxes) and intangible (what experience of living was worth from her perspective) aspects of the value of the life. Unlike some states, there is no deduction for life insurance benefits and no cap. It's worth whatever the jury says it's worth. This wrongful death claim belongs to statutory beneficiaries in the following order: (1) spouse and children; (2) if no surviving spouse or children, then parents; (3) if no surviving spouse, children or parents, then other heirs at law, who are represented by the executor or administrator of the estate, but with the money recovered passing outside the estate so as not to be subject to claims of creditors.

There is also a claim of the decedent's estate, sometimes called the "survival action" because it is the decedent's personal claim that survives her death, for conscious physical and mental pain and suffering before death, medical expenses, and funeral expense. This claim is brought by the executor or administrator of the estate, and is subject to claims of creditors.

Either or both of these claims may be filed against the other driver, and against any employer for whom the driver may have been acting in the course and scope of employment at the time of the wreck.

If your mother had UM (uninsured / underinsured motorist) insurance coverage for an amount greater than the other driver's liability insurance coverage, you could also recover from the UM insurance carrier the difference between the other driver's insurance limits and your mother's UM limits.

Grace and peace to you in your time of loss and grief.