Mr. Simon has considerable experience in representing Georgia plaintiffs when a loved one loses their life due to the carelessness or recklessness of another. Under Georgia law, there are two claims that may be brought; the "statutory" claim by the family members and the claim of the estate of the deceased. The larger of the components is the statutory claim for the value of the life. The claimholder is defined by statute and would first vest in the wife if there is one and then the children. If there is a wife and children, the wife holds the claim but must share any proceeds pursuant to the statute. If there is no wife or child then the statutory claim goes to the parents of the deceased. O.C.G.A. 19-7-1. Finally, if there are no close relatives under that statute, then a personal representative may be appointed.

The value of the life has two components; the economic value of the life and the value of the person's life to themselves. Georgia is unique in giving the jury the ability to weigh and consider the true value of a person's life. In a recent case involving a family from Smyrna Georgia, Mr. Simon collected over 500 photos of the deceased from childhood through his 50's, when he passed. He scoured family videos and spent days getting to know the family folklore so that the jury would know this man like a brother when it came time to assign a dollar value to his life. Anyone can hire an economist to value the economics on a life but an experienced Georgia lawyer like Mr. Simon is a storyteller that can explain the highlights and dreams of a human life to the jury. That is the only way that a jury can fairly evaluate the value of a needless loss of life.

The second component of the wrongful death case is the estate's claim. This includes any medical bills, pain and suffering and funeral expenses. In cases where the deceased survived for a period of time after the injury, this can be a valuable component of the claim. Another disturbing aspect of the estate claim occurs when the deceased could tell before the injury that they were in mortal danger. In multiple cases Mr. Simon has handled, the deceased could see the tractor trailer sliding down the roadway towards the them. Juries understand that in moments of extreme stress like that, time "stretches" and the agony of knowing that death is approaching is something that juries will often consider to be a major component of the loss of life. A skilled lawyer will know how to explore these non-obvious issues to ensure that the survivors make a fair recovery.

If you have suffered the death of a loved one, feel free to call and ask questions about the merits of the case. You can reach Mr. Simon at 404-965-8823 or online by clicking here.