Mr. Simon and Mr. Faenza have considerable experience representing Georgia families in wrongful death cases. If you have lost a loved one and are reading through endless pages of legal websites looking for answers, there are a few core things to know. 

Even though you are in the middle of the grieving process, you should not wait to hire an attorney if the death resulted from the kind of accident where evidence can disappear. For example it only takes one good rain to wash away skid marks. When you hire a Georgia wrongful death lawyer to represent your family, they will analyze the facts of the collision to determine whether it makes sense to deploy and expert collision reconstructionist to the scene and they will take photos to lock down evidence. Typically we also send letters warning the at fault parties not to allow evidence to "disappear", which protects the client in case it later does.

Do not make a snap decision on which lawyer to hire. You should interview at least three lawyers in person before you make a decision. Ask the lawyer bluntly whether they have actually filed and litigated wrongful death cases and what the results were. These cases can lead to significant jury awards and unfortunately, some lawyers will be less than honest in an attempt to get your business.

Before you go to meet with the attorney, you should have a working understanding of the basics behind the law. 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 claim holder is defined by statute and would first vest in the spouse of the victim, if there is one, and then the children. O.C.G.A. §51-4-2 If there is a spouse and children, the spouse holds the claim but must share any proceeds with the children 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 is no spouse, child or parent, then a personal representative may be appointed pursuant to O.C.G.A. §51-4-5 to file on behalf of the "next of kin." It is only in this circumstance that the siblings of the deceased would have the claim. The analysis of standing follows Georgia's rules on next of kin analyzing the degrees of relation with the decedent.

The value of the life has two components; the economic value of the life and the value of the victim'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 200 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. Juries understand that if a decedent could tell they were going to die, that time "stretches" and the agony of knowing that death is approaching is horrible. 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 Mr. Simon at 404-259-7635 directly and ask questions about the merits of the case. Mr. Simon's experience as a Georgia injury lawyer makes the painful process of dealing with a death in the family less confusing and he can explain how best to protect the family's rights.

Copyright © 2008 by Christopher M. Simon, All Rights Reserved