Anyone can be tragically affected by the loss of a loved one. It could be considerably harder for you to cope emotionally if you lost a family member as a result of an accident or the wrongdoing of another. You are permitted to file a wrongful death case in Georgia to find solace and financial assistance. You should consult with a Georgia wrongful death lawyer to help you through this trying time. These lawsuits frequently award the victim’s family a sizeable sum in damages. Visit here.
Who Is Entitled To Make A Wrongful Death Claim?
Georgia law outlines a hierarchy of family members eligible to file a wrongful death claim, with spouses filing first, children next, parents filing second, and estate executors filing third. If a spouse and children file, they share damages, with spouses receiving at least one-third. Parents, adoptive parents, and guardians may file a claim if a child’s life is lost.
What Kind Of Losses Are Compensated In Wrongful Death Cases?
The deceased’s family is given various types of damages in wrongful death lawsuits in Georgia. The three major categories are:
Punitive Damages
Punitive damages may be the least common type of damages given in any legal action. A judge assigns these damages in order to penalize the defendant. However, it’s entirely conceivable for you and your family to get punitive damages because the defendant’s acts caused your loved one’s death. Punitive damages are most frequently awarded in DUI instances and other situations when the perpetrator purposefully damaged the deceased.
Funeral, Medical, And Related Costs
As the name implies, these damages help with any expenses directly related to the deceased person’s medical care and funeral. For your attorney to determine what can be recovered through damages, as related damages might be a broad term, you should keep a list of your outgoings.
Total Life Value Damages
The full value of life damages aims to provide a monetary value to the deceased’s life, which is subjective and determined by the jury panel. These damages are divided into two categories: economic value, which considers the victim’s earning capacity, and non-economic value, which considers the loss of meaningful memories. The state of Georgia does not limit these damages, except for medical malpractice claims, but encourages the jury to award them based on an enlightened conscience.
Things to Consider If You’re Thinking of Making a Claim
The court will examine specific data to ascertain the highest possible amount of damages compensation to which a person may be entitled. This could include any missed benefits or income the person may have endured due to the loss of a loved one. Concerns about the intangible value of losing friendship or care are also considered.
The plaintiff in a wrongful death action will be required to present proof of negligence, carelessness, or intentional injury in the occurrence that resulted in the family member’s death. Additionally, the court will require evidence that these problems directly contributed to the illnesses or injuries that led to death.
Conclusion
You are advised to schedule a case examination with a skilled personal injury law attorney when you are prepared to proceed with this process. It is frequently helpful to the entire healing process at this trying time to speak with someone who is knowledgeable about such laws.
