The Types Damages Available in Your Georgia Wrongful Death Claim


August 03, 2015

If your loved one has been killed in any type of accident caused by another at fault person or party, you should be eligible to seek compensation from that party responsible for your relative's death. Surviving spouses, children, the personal representative or parents of deceased family members can bring a wrongful death action seeking compensation for the many damages sustained by the family due to the loss of their loved one. Wrongful death lawsuits can be filed against any defendant who was responsible for the death, including individuals, companies and even government entities. Our attorneys will discuss the types of damages available in a wrongful death suit.

Potential Damages in Your Georgia Wrongful Death Case

A spouse, child, or parent of a deceased loved one can bring a wrongful death claim and the estate of the deceased can bring a survival action, both seeking the award of actual and, at times, punitive damages. Actual damages can be divided into economic and non-economic damages. They include, but are not limited to:

  • Economic Damages
  • Medical expenses incurred prior to the victim's death
  • Loss of the deceased's excepted wages and savings
  • Loss of other benefits coming from the victim, including pension plans and medical coverage
  • Funeral and burial expenses
  • Loss of inheritance that the victim would have passed down if he or she lived to a normal life expectancy
  • Loss of other services or goods that the deceased would have provided
  • Non-Economic Damages
  • Pain and suffering endured by the victim prior to death
  • Mental anguish and emotional pain and suffering
  • Loss of care, companionship, training, advice, guidance and other intangible benefits provided by the deceased to the family
  • Loss of love, comfort, society, and companionship provided by the deceased

Punitive Damages

Punitive damages are intended not to compensate the family, but rather to punish the wrongdoer and prevent future misconduct. These damages will not be awarded in every wrongful death case. Rather, wrongful death damages can be available if the defendant acted in a reckless or wanton manner to cause the deceased's death. These damages can be substantial dependent upon your jurisdiction, the facts of the case as well as the egregiousness of the conduct.

It is not always easy to calculate wrongful death damages and your attorney provides the vital functions of evaluating your case as well as taking the necessary steps to pursue your rights to compensation.

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Family's Case

If you have been injured because of the actions of another person or party, speaking with an attorney can help you understand your legal rights as well as the actions necessary to preserve your rights. Our compassionate Wrongful Death Lawyers at Montlick and Associates represent those who suffer serious injuries throughout all of Georgia and in the Southeast, including all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

 

Source:
http://law.justia.com/codes/georgia/2010/title-51/chapter-4

 

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.