Key Takeaways:
- A wrongful death is when a victim dies due to another party’s negligence or wrongdoing.
- There are three main damages that can be claimed in a wrongful death suit: economic, non-economic, and punitive.
- Hiring a wrongful death lawyer is the best way to ensure you receive the compensation you deserve
An unexpected death, like one caused by an accident, leaves a hole in the family’s life.
State laws on wrongful death vary, but family members who have lost a loved one can sue for monetary damages.
Damages in a wrongful death action typically include past and future losses like medical bills, funeral costs, and future economic contributions to the family’s household.
In the article below, we will take a closer look at the benefits of a wrongful death case.
Table Of Contents
- What Are Wrongful Death Cases?
- Wrongful Death Damages
- Georgia Wrongful Death Damages
- Who Can Be Awarded Damages In A Wrongful Death Case?
- How Long Do You Have To File A Wrongful Death Claim?
- Mabra Law Firm Wrongful Death Lawyers in Atlanta Are Here to Fight for You
What Are Wrongful Death Cases?
A wrongful death claim is similar to a personal injury claim, except that the injured person passes away.
The injured party dies due to another party’s negligence or wrongdoing.
There are different types of wrongful death claims based on the circumstances surrounding the victim’s death.
These include medical malpractice, car accidents, bicycle accidents, premises liability accidents, workplace injuries, etc., which can all lead to a wrongful death case.
The plaintiff must prove three things to win a wrongful death lawsuit:
- The defendant owed the decedent a duty of care.
- The defendant breached their duty of care.
- The breach caused the harm suffered by the decedent.
In addition to proving that the defendant owed the decedents a duty of care, the plaintiff must show that the defendant acted negligently.
Negligence is failing to act as a reasonable person would under similar circumstances.
Wrongful Death Damages
Three main damages can be claimed in a wrongful death suit: economic, non-economic, and punitive.
Damages for wrongful death can vary from state to state.
Some states limit how much and what kinds of damages can be given for wrongful death.
Below are the damages you can expect in a wrongful death case.
Economic Damages
Economic damages are the losses with a specific dollar amount a spouse or other immediate family members have suffered due to the wrongful death of a loved one.
Economic damages generally include:
- Funeral expenses
- Burial expenses
- Medical expenses related to the fatal injury
- The value of services a victim would have provided to the household
- The loss of benefits like medical insurance or pension
- The loss of the deceased person’s future earnings
- The loss of an inheritance
Putting an accurate value on economic damages in wrongful death cases can be challenging, but it’s still easier than non-economic damages we’ll discuss in a second.
When calculating economic damages, you have to consider the person’s age, health before death, and earning capacity.
Experienced medical malpractice attorneys will accurately calculate all types of damages to help make things right for victims and their families.
Non-Economic Damages
Non-economic damages are even tougher to calculate.
You will need a wrongful death attorney to help you calculate the intangible losses your family has suffered.
Non-economic damages after wrongful death damage often include:
- The mental anguish of the deceased person and surviving loved ones
- Pain and suffering of the dead person and their loved ones
- Loss of companionship, love, and society from the deceased
- Loss of guidance, care, advice, and nurturing
- Loss of consortium
Punitive Damages
Punitive damages are a bit different.
Punitive damages differ from other types of damages because they are not meant to compensate the plaintiff.
Instead, they are meant to punish the defendant for especially bad or careless behavior and discourage them and others from doing the same thing.
You can’t get punitive damages in many states in a lawsuit for wrongful death or from certain entities, like the government.
Georgia Wrongful Death Damages
Georgia’s wrongful death decedent viewpoint says that the victim’s family can’t get money for emotional pain or the support they would have gotten from the victim if they hadn’t died.
Georgia courts give money for pain and suffering based on what the victim went through.
A jury could decide if punitive damages are awarded.
In Georgia, families who have lost a loved one because of someone else’s wrongdoing cannot get punitive damages.
However, punitive damages have been given in Georgia wrongful death cases brought by the person in charge of the victim’s estate because of the pain and suffering the accident caused.
Who Can Be Awarded Damages in a Wrongful Death Case?
In determining what types of damages will be awarded in a wrongful death lawsuit, your personal representative will examine the factors surrounding the deceased and their relationships with the different surviving family members.
Typically, wrongful death damages can be awarded to:
- Spouses – Usually, the surviving spouse can claim the loss of companionship caused by the deceased’s death. They can also claim for the emotional trauma caused by the death.
- Children – Minor children (but not usually adult) can also get money for the comfort and support they would have obtained from their parents before they died.
- Parents – Parents of a child under 18 who has died can also get money for their emotional pain and losing their relationship with the child. Parents of an adult child, on the other hand, usually can’t.
How Long Do You Have To File A Wrongful Death Claim?
In Georgia, the wrongful death statute of limitations is two years.
That means you have two years from the date of the fatal injury of the person who died to file a claim for wrongful death.
But that time could be shorter or longer, depending on the circumstances of the accident and injuries.
Mabra Law Firm Wrongful Death Lawyers in Atlanta Are Here to Fight for You
A wrongful death lawyer will care for all the tricky parts of personal injury law.
Your lawyers will deal with the people at fault and their insurance companies.
A wrongful death lawyer will handle the challenging aspects of your case, so you have time to grieve your loss.
After figuring out how much you’ve lost, they can help you reach a fair settlement.
You also need relevant evidence to build a strong case.
You’ll need witness testimony, medical records, expert witnesses, and many other pieces of evidence your attorney will collect.
If you have recently lost a loved one to a case of wrongful death, you don’t have to fight for justice and fair compensation alone.
The legal process can be complicated and confusing, so work with Mabra Law.
They will fight for your legal rights and help you regain financial stability during this devastating time.
Mabra Law’s personal injury attorneys represent people who need to file wrongful death claims.
Contact us today for a free legal consultation if you believe you have a case.
References:
https://www.nolo.com/legal-encyclopedia/what-damages-available-wrongful-death-case.html
https://pa4law.com/what-are-the-common-types-of-damages-in-wrongful-death-cases/
https://www.shanesmithlaw.com/library/seeking-punitive-damages-in-a-georgia-wrongful-death-case.cfm
https://www.hg.org/legal-articles/how-a-wrongful-death-lawyer-can-help-with-your-compensation-claim-34640
https://butlerfirm.com/georgia-wrongful-death-statute-explained#:~:text=What%20is%20the%20statute%20of,%C2%A7%209%2D3%2D33.