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What Are the Damages in Georgia Wrongful Death Cases?

By Grant Law Office on November 10, 2023

Losing a loved one is an immensely painful experience that can cause unimaginable grief and emotional distress. In Georgia, wrongful death cases provide legal recourse for individuals and families whose loved ones have died due to someone else’s negligence, recklessness, or intentional misconduct.

These cases are critical in holding the responsible parties accountable for their actions and providing financial support to the surviving family members. The responsible party is legally required to compensate the victim’s family for their loss, which can be categorized into different types of “damages,” economic and non-economic.

Economic Damages in a Wrongful Death Case

Damages in wrongful death cases are a way to compensate the survivors for the losses they have suffered. These damages can be both economic and non-economic in nature, and they play a vital role in helping the surviving family members move forward.

Economic damages are awarded to compensate the injured party for the monetary losses they incur due to the liable party’s conduct. Examples of the economic damages available in wrongful death cases include:

• Medical expenses: This includes the cost of medical treatment and care for the deceased before their passing.
• Funeral and burial expenses: The expenses related to the funeral service and burial are covered.
• Lost wages and future earnings: Compensation for the income the deceased would have provided to their family.

Available Non-economic Damages

Non-economic damages are awarded to compensate the injured party for the harm they suffer, which cannot readily be evidenced as a dollar amount. Non-economic damages may also be available for the plaintiff in a wrongful death case, such as:

• Pain and suffering: This includes the emotional and psychological suffering endured by the deceased before their death.
• Loss of companionship: The emotional loss of not having the deceased’s companionship and guidance.
• Loss of consortium: The deprivation of the benefits of a family relationship, including the spousal relationship.
• Emotional distress: Compensation for the emotional trauma experienced by the survivors.

Calculating Damages in Georgia Wrongful Death Cases

Calculating damages in wrongful death cases is a multifaceted process that takes several critical factors into account to determine the compensation survivors may be entitled to. These factors play a crucial role in assessing the extent of the economic and non-economic losses suffered by the surviving family members. These may include:

• Age of the deceased: The age of the deceased impacts the potential lifetime support they could have provided to their family.
• Earning capacity: The earning potential of the deceased, based on their education, skills, and work history, is considered to determine the financial loss to survivors.
• Relationship with survivors: The nature of the relationship between the deceased and the survivors is crucial, as it affects the emotional and financial impact.
• Role of expert witnesses: Expert witnesses, like economists and medical professionals, provide specialized insights to help assess the damages accurately.

Your Atlanta wrongful death attorney can assess your case and accurately calculate the full extent of your damages—past, present, and future—and ensure you receive the compensation you deserve.

Limitations on Damages in Georgia Wrongful Death Cases

When pursuing a wrongful death claim in Georgia, it’s crucial to be aware of certain restrictions that can impact the compensation survivors may receive. Understanding these limitations is essential for those seeking justice in the wake of a tragic loss.

There is a statute of limitations for filing a wrongful death claim in Georgia. If the injury resulted in a loss of companionship or support, like in a wrongful death case, you have up to four years from the date the injury occurred to file a lawsuit. Timely action is critical to ensure your case is made. That’s why it’s important to have an experienced Atlanta wrongful death lawyer by your side who can fight for justice on your behalf.

Have You Lost a Loved One in Georgia?

Experiencing the passing of a loved one is already emotionally taxing without the stress of litigation. At Grant Law Office, our top priority is restoring your peace of mind. We take care of the legal process so that you and your family can focus on healing.

Call our Georgia office at (404) 995-3955 for a free consultation today.