When a loved one dies due to someone else’s actions, trying to understand the legal options available can be overwhelming. In Georgia, wrongful death and personal injury cases serve different purposes and allow different parties to file claims. Knowing these differences can help clarify the legal process.
What is a wrongful death case?
A wrongful death case in Georgia occurs when someone dies due to the negligence or wrongful actions of another party. The key difference is that the deceased person cannot file the lawsuit. Instead, surviving family members, such as a spouse, child, or parent, file the claim. The goal of a wrongful death lawsuit is to seek compensation for the emotional and financial loss suffered by the family.
How is a personal injury case different?
A personal injury case involves an individual who suffers an injury but survives the incident. The injured person files the claim and seeks compensation for pain, suffering, medical bills, lost wages, and other damages. Personal injury cases allow the injured person to recover both economic and non-economic damages, such as physical pain, emotional distress, and loss of quality of life.
Key distinctions in Georgia law
While both wrongful death and personal injury claims aim to provide compensation for harm caused by negligence or intentional actions, Georgia law treats them differently.
In wrongful death cases, surviving family members may seek compensation for things like funeral expenses, loss of companionship, and loss of financial support. In personal injury cases, the injured party can recover damages for medical costs, pain and suffering, and lost income.
Personal injury cases can involve recovery from injuries, while wrongful death claims arise only when someone has passed away.
Understanding these key differences in Georgia law can help guide you through the legal options available for your situation.