Can a Family Bring Both a Wrongful Death Claim and an Estate Claim in Georgia?

In Georgia, when a wrongful death occurs, a family member or a court-appointed representative has the ability to pursue both a wrongful death claim and an estate claim. These claims are distinct and address different types of damages. A wrongful death claim is intended to compensate the surviving family members for their losses resulting from the death. This may include damages for loss of companionship, emotional distress, and other related losses. In contrast, an estate claim typically addresses the damages incurred by the deceased prior to their death, such as medical expenses and lost wages. This claim is filed on behalf of the estate and seeks to recover damages that the deceased would have been entitled to if they had survived. Given the complexities involved in these claims, it is crucial for individuals to consult with a lawyer who specializes in wrongful death cases. An experienced attorney can provide guidance on the specific damages available based on the facts of the case and help navigate the legal process effectively.