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What is recover for the estate?

When a person dies as the result of someone’s negligence, error or even criminal activity, they are said to have suffered a wrongful death. The decedent’s surviving spouse or children has the right to file a lawsuit seeking compensation for the financial loss they have experienced as a result of that person’s death. They may also have the right to file a lawsuit for the same compensation the decedent would have been able to seek had they not passed away.

O.C.G.A. 51-4-5 says that when there is no person who may legally file a lawsuit for wrongful death, the executor of the decedent’s estate may file such a lawsuit. The administrator or executor may be awarded monies and hold that award for the next of kin. The amount the executor or administrator is able to recover is the full value of the decedent’s life.

The statute also says that when the wrongful death is the result of a crime or from negligence, the representative of the decedent is entitled to compensation for medical, funeral and other necessary expenses. Those expenses could result from the injury, death or both of the person who has died.

When a loved one passes away in Atlanta and the cause is someone’s negligence or error, compensation for financial loss is available. If your loved one has suffered a wrongful death, reach out to a personal injury attorney for assistance in determining what you may be able to recover.