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Losing a loved one can be one of the most difficult things to go through. When that loss is caused by someone else’s negligence or willful conduct, the loss can be even harder to bear. The family of the deceased may be able to file a wrongful death claim against the wrongdoer and seek compensation for their loss.
Calculating the damages associated with the loss of a family member can be difficult. You may be entitled to both economic and non-economic damages, and your relationship with the deceased can play a factor in how some of those damages are calculated.
A wrongful death claim in Georgia is a civil remedy that allows the deceased’s family to recover monetary compensation when a business or another person caused the death and was not justified. Georgia’s Wrongful Death Act specifies details about who may bring these actions. Depending on the situation, a wrongful death claim may be brought by a spouse, child, parent, or estate of the deceased.
In wrongful death claims, the death is usually caused by someone’s negligence or recklessness. In some situations, the death may be caused by the intentional conduct of another person. In those cases, the wrongdoer may also face criminal penalties. Civil wrongful death actions are completely separate from any criminal proceedings the wrongdoer may face.
The law in Georgia states that a surviving spouse or child may recover the “full value of the life of the decedent.” The full value of someone’s life includes both economic and non-economic damages. Together, these damages are intended to compensate for the full value of the life that was lost.
Economic damages are designed to compensate for the financial losses suffered due to the loss of life. These damages can fall into several different categories, including:
Any medical expenses incurred prior to death may be compensable. These expenses may include hospital bills, emergency treatment, prescription medication, and other health care costs. These expenses are usually fairly easy to calculate because there are bills, receipts, and other documentation proving their value.
These expenses cover the funeral, burial, and last arrangements of the deceased. This could include burial, cremation, and other associated expenses. It is fairly easy to put a dollar figure on these expenses because there is specific documentation available to prove them.
Calculating the value of the deceased’s lost wages and lost earnings capacity can be a little more difficult. Factors to consider include the deceased’s occupation, education, career trajectory, age, and more. Not only should the deceased’s salary go into the calculation, but retirement benefits and investment income must also be considered.
Experts are often needed to assist with the calculation of these damages. Vocational experts and economists can work to help calculate the present value of these lost future earnings.
This refers to the loss of the services that the deceased would have provided to their family. Things like painting the house, landscaping, and other household duties will have a financial impact since the deceased is no longer there to do those things. These damages can also be difficult to calculate.
Non-economic damages are losses that do not have a direct financial impact. These damages are intended to compensate the victims for their emotional harm. It can be extremely hard to put a value on these intangible damages. Some examples include:
The value of the non-economic damages in a wrongful death case can be quite large. In fact, these damages are often worth much more than the economic losses. While it is impossible to put a value on someone’s life, an experienced personal injury attorney can help tell your story and get you compensated fairly.
While money can never replace your loved one, compensation can help take away some of the financial stress. Many wrongful death claims are settled without going to court. An experienced lawyer can help you negotiate with the insurance company and reach an agreement.
Settling these claims out of court is usually the quickest and least expensive resolution. Wrongful death cases that go to court can take years to resolve. You might also incur very large attorney’s fees in these situations. Get the help of an experienced wrongful death lawyer who can advise you on the best way to handle your claim.
For more information, please contact our Augusta wrongful death lawyers at Nicholson Revell Personal Injury Attorneys to schedule a free consultation today.
We proudly serve Augusta, GA, and its surrounding areas:
Nicholson Revell Personal Injury Attorneys
4137 Columbia Rd, Augusta, GA 30907
(706) 722-8784