What Damages Are There to Recover after a Wrongful Death?
If you’ve lost a loved one as a result of someone else’s negligence, it’s a difficult experience to overcome. These wrongful death cases are often the most painful category of personal injury law, and while no amount of compensation can ever right the wrong you’ve suffered, just compensation can help your family continue to move forward toward healing. Consult with an experienced Georgia personal injury attorney today.
Wrongful Death Claims in Georgia
In the State of Georgia, wrongful death refers to a death that’s caused by the negligence (failure to use reasonable care), recklessness, intentionality, or criminal action of another. Wrongful death claims are often predicated on traffic accidents and accidents on the job, and because the victim is no longer capable of bringing his or her own personal injury claim, Georgia allows the victim’s family to bring a wrongful death claim in its stead.
Georgia recognizes two kinds of wrongful death claims, and one is brought on behalf of the decedent’s estate while the other is brought on behalf of the decedent’s survivors. Let’s consider the estate of the person who lost his or her life in the wrongful death case in question. The damages addressed in this claim include all those damages endured by the decedent in the interim from the accident until death – extending through burial. These include the following:
- Related medical expenses
- Conscious pain and suffering endured
- Funeral and burial expenses
These are the kinds of damages that the decedent could have recovered on in a personal injury claim if he or she survived the accident. These damages cover those lingering expenses of the decedent, and any additional damages will be distributed to his or her survivors in accordance with state guidelines (or in accordance with the decedent’s will).
The claim brought on behalf of the decedent’s survivors addresses those damages the family has suffered as a result of the death. These damages are intended to represent both financial and more intangible losses that add up to the full value of the decedent’s life, including:
- The decedent's lost earnings and benefits, including the income he or she would have reasonably earned over the course of his or her life expectancy
- The loss of care, companionship, and other intangible benefits that the decedent would have provided his or her survivors had he or she lived
Recovering just compensation after losing someone to the negligence of another is a complicated legal endeavor. While you move forward in the grief process, allow an experienced Georgia wrongful death attorney to skillfully advocate for the damages to which you’re entitled.
Look to an Experienced Georgia Wrongful Death Attorney for the Help You Need
Losing a loved one to someone else’s negligence is devastating, but the dedicated Forsyth County and Cumming wrongful death attorneys atBanks, Stubbs & McFarland have the compassion, commitment, and legal prowess to help. We’re here for you and your family, so please don’t hesitate tocontact us online or call us at 770-887-1209 for more information today.