Losing a child changes a family’s lives in ways no legal process can quantify. When another person’s conduct may have caused that loss, families can also face difficult questions about who has the right to act and what a civil claim is meant to address. A wrongful death of a minor in Athens is a distinct area of state law because the claim centers on the child’s life and the rights given to parents.
An experienced wrongful death attorney can take responsibility for investigating the facts, dealing with insurers, and preserving the evidence needed to evaluate the claim. A lawyer can also explain the family’s legal options without forcing you to make rushed decisions while you’re grieving.
Under the Official Code of Georgia Annotated § 19-7-1, the parents of a deceased child generally hold the right to pursue the child’s wrongful death claim when the child leaves no spouse or child. Depending on the parents’ circumstances, you may exercise that right either jointly or by a surviving parent. State law also addresses situations involving separated parents or one parent who will not participate.
For a family dealing with an Athens wrongful death claim for a minor, identifying the proper claimant matters before negotiations or litigation move forward. We review the family structure and the facts surrounding the death early on, so that the state-authorized person or people can bring the case.
Georgia law measures a child’s wrongful death claim by the value of the child’s life. This concept includes the economic value the child’s life would have had and the intangible value of life, viewed from the child’s perspective. The same statute provides the basis for this recovery.
That measure is different from trying to value a family’s grief. In an Athens claim for a minor’s wrongful death, the case focuses on the lost life rather than treating a child only as a future wage earner. We work with the evidence needed to present that value seriously and fully if the responsible party disputes it.
A grieving family shouldn’t have to become investigators. We can gather records and examine how the fatal event occurred. From there, we assess responsibility and build the claim on evidence rather than assumptions.
Fault can still affect recovery. Georgia’s comparative negligence rule, as codified in O.C.G.A. § 51-12-33, can reduce an award by the claimant’s share of blame, and it bars recovery once that share reaches 50 percent. In a minor’s wrongful death case in Athens, we examine any fault argument closely and will litigate aggressively when an insurer or defendant tries to shift responsibility unfairly.
A wrongful death of a minor in Athens involves rules about who may bring the case and how the state values the child’s life. You deserve clear answers about those rules without having to deal with a process on someone else’s timeline.
At Massey Injury Law, we can review what happened and handle the legal work while you focus on your family. If litigation is necessary, we’ll prepare the case accordingly. For a Friend of the Firm experience and rate, remember: Massey is my lawyer friend. Eligible clients may receive our 25 percent friend-of-the-firm rate. Contact us when you’re ready to talk with an experienced team about protecting your family’s rights.
(706) 395-9160