What is the difference between a wrongful death claim and a survival claim?
A wrongful death claim (O.C.G.A. § 51-4-2) is brought by the surviving family members and seeks compensation for the value of the deceased’s life—including future income, companionship, and the intangible value of the person’s life. A survival claim (O.C.G.A. § 51-4-5) is brought by the estate and seeks compensation for damages the deceased personally suffered before death, including medical expenses, conscious pain and suffering, and funeral costs. These claims are separate and can both be pursued simultaneously. At HBLG, we assert both claims in every applicable case to maximize your family’s total recovery.
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