If, in the regrettable event, the intentional or negligent actions of another lead to the death of a family member, certain family members of the deceased may be entitled to significant financial compensation in a wrongful death lawsuit. According to Georgia law, in a wrongful death claim, the child or spouse of the decedent may recover “the value of the life of the decedent as shown by evidence.” This financial value may include both economic and non-economic damages. However, in many cases, a significant portion of recovered compensation will consist of future lost wages.
Have you experienced the loss of a loved one due to the negligence of another? Contact Ali Awad, ‘the CEO Lawyer,’ and his team of experienced personal injury attorneys at the CEO Lawyer Personal Injury Law Firm by calling (470) 323-8779 or contacting us online to receive your free and confidential case evaluation. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.
What is a Wrongful Death?
Wrongful death is the death of another person caused by negligence. Wrongful death claims do not discriminate between cases where an individual was killed instantly or succumbed to their injuries sometime after the accident. When someone dies due to the negligent actions of another party, a wrongful death claim is appropriate. A wrongful death claim will be filed on behalf of the estate or next of kin of the decedent, typically as the decedent’s spouse or child. Damages available will depend on state law, but they may include:
- Funeral expenses
- Loss of wages and benefits
- Loss of parental care and guidance
- Loss of companionship
- Medical expenses prior to death
- Pain and suffering experienced by the decedent prior to death
- Emotional distress suffered by the family of the decedent as a result of the death
Loss of Wages & Benefits
In a wrongful death claim, a petitioner may be awarded compensation equivalent to all the wages the decedent would have earned over their expected lifetime had they not been killed. This may include salary, wages, and the value of the descendant’s other benefits, such as pensions, investment returns, employee benefits, and more.
What if the Deceased was Unemployed?
If the decedent was unemployed at the time of death, the wrongful death claim plaintiff might still receive compensation for future lost wages. Juries are permitted to consider the employment capacity of the decedent (age, health, work history, education) to make a determination when considering an award for lost wages damages. Therefore, damages may be awarded in cases where the deceased was disabled, a student, a child, or incarcerated at the time of death. Furthermore, juries can take into account whether or not the defendant would likely have received a promotion or advanced their career to reflect a more accurate lost wages monetary amount.
What if the Deceased was a Child?
Although it is difficult to accurately gauge what type of earnings a child may have made over the course of a lifetime, juries may consider evidence that generally suggests what the earning power of the child may have been. For example, statistics and current employment trends of people similarly situated may be used to demonstrate earning potential.
What About Stay-at-Home Spouses?
A homemaker, or spouse who stays home to take care of the children, is recognized by Georgia law as providing important services that have an economic value. Therefore, in a wrongful death claim, children or spouses may recover the monetary value of the household, childcare, and other services (including elderly and disabled care) that the decedent would have provided during their life.
It is essential to know your rights. If a loved one has been killed due to the negligence of another party, you may be entitled to significant financial compensation for financial hardship caused by the negligent party’s actions. Sadly, in 2020, in the U.S. alone, unintentional accidents were the fourth leading cause of the death of U.S. citizens.
Wrongful Death Damages
Damages in wrongful death claims may be classified as either economic, non-economic, or punitive damages. Economic damages are all expenses associated with the decedent’s death that have a distinct financial value. Non-economic damages are intangible losses that can be difficult to appoint a monetary figure to, especially as the value of a loved one can never be adequately compensated.
Economic Damages
Economic damages include all the costs associated with the decedent’s death that can be compensated with money. Economic damages may include:
- Lost wages
- Benefits of the decedent, including medical coverage and pension plans
- Goods and services that would have been provided by the deceased
- Funeral expenses
- Medical expenses
- Attorneys fees
Non-Economic Damages
Non-economic damages include all of the non-tangible damages that do not have a specific dollar amount. Non-economic damages can include:
- Loss of care
- Loss of training
- Loss of nurturing or guidance
- Mental suffering
- Physical pain
- Loss of love
- Loss of companionship
Punitive Damages
Punitive damages are reserved for cases where the liable party’s actions were especially egregious or displayed a high degree of recklessness. Punitive damages are designed to punish the responsible party to deter similar behavior that could result in a similar tragedy. Punitive damages will vary widely depending on the nature of the offense and the jurisdiction governing the case.
What Are the Time Limits to File a Claim?
It is essential to note that there is a legal deadline, known as a statute of limitations, dictating the length of time in which a person may be able to file a claim. These deadlines will vary from state to state. In the state of Georgia, the statute of limitations is two years from the time of the descendant’s death to file a claim. However, this time limit may be shortened in certain circumstances, such as when the defendant is a government entity. It is best to speak with an experienced Georgia personal injury attorney as soon as possible following the accident to discuss your claim’s unique circumstances.
Monetary Damages Factors
While it is extremely difficult to place a monetary value on the life of a loved one, it is necessary when determining proper compensation for parties seeking compensation for a wrongful death suit. Multiple factors will be considered when calculating monetary damages in a wrongful death lawsuit, including:
- The age of the decedent
- The earning potential of the decedent
- The education and training possessed by the decedent
- The health of the defendant prior to death
- The age and circumstances of any dependents of the deceased
- The total value of lost benefits
- Medical expenses of the deceased
- Funeral expenses
Experienced Georgia Wrongful Death Attorney
Wrongful death lawsuits are often complex cases that are best left to an experienced attorney with extensive knowledge of Georgia law. If you have lost a loved one due to another’s negligence, you will benefit from having an experienced attorney fight for your right to just compensation. Call Ali Awad, ‘the CEO Lawyer,’ and his experienced team of personal injury wrongful death attorneys today to receive a free, no-obligation consultation. We can assist you with exploring your legal options and avenues to ensure that you receive the compensation you deserve. Contact the CEO Lawyer Personal Injury Law Firm by calling (470) 323-8779 or contacting us online. If we take your case, you won’t pay anything until we win.
