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What Are the Legal Rights of Parents Who Lose a Child Due to a Georgia Automobile Accident?

By Scott Zahler, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network


In Georgia and other States, children are the unfortunate victims of automobile accidents, trucking accidents, and bus accidents. When a child dies, it has a ripple effect throughout the family, school, Church and related institutions, and the community. When a child dies as a passenger in a vehicle, the fault of the accident (if any) typically falls on one or more drivers. There are a myriad of issues for parents to deal with following an accident. Since it is an emotional nightmare for a parent to deal with these issues, it is vital that the parents of the deceased child get the emotional and financial support during these troubling times. It is interesting but tragic to note that there is no term in the English language to designate a parent who loses a child due to a tragedy. This is especially true when the child is a minor and has yet to live her or her full life or potential. When a man loses his wife, he is a widower. A woman who loses a husband is referred to a widow. A child who loses both parents can be called an orphan. Despite the existence of these terms and many other words in the English language, there is no such term for a parent who loses a child. It is somewhat unnatural and indescribable for those who have endured or suffered though such a loss or tragedy.

Despite the lack of one word to designate the parents who lose a child, the parents do have legal right to pursue as “survivors” under the laws of the State of Georgia. Georgia law sets forth the rights of parents to recover the “full value of life of the decedent (child) without deducting for any of the necessary or personal expenses of the decedent had he lived.” Furthermore, Georgia law allows parents to seek compensation associated with the pain and suffering of the death of the child. Due to the complexities of Georgia Wrongful Death cases, it is important that parents contact a Georgia Child Injury Lawyer to represent the parents in a claim or case.

A recent tragedy was reported near Nahunta, Georgia. It was reported that a pick up truck collied with a school bus with the Brantley County School District. it was reported that Devin Johns, a 17 year old student at Brantley County High School, lost his life as a result of this trucking / school bus accident. For more information regarding this incident, see Brantley County Student Loses His Life in School Bus – Trucking Accident in Georgia.

The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, Medical Treatment and Bills, and other topics. In the book, there is information on the various types of automobile and liability insurance that may apply to a given automobile accident. The book is a good resource for parents and other interested persons looking for information following an automobile accident or other incident causing personal injuries to a child. You can get the book for free at The ABCs of Child Injury.

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