Dealing with the death of a loved one is never easy, and families who experience this type of loss deal with both financial expenses and significant emotional suffering. While money can never replace your loved one, it can help ease some of the stress and uncertainty of the future.
There are many factors that come into play when determining the value of a wrongful death settlement. Keep reading below to learn all the details and understand how these factors may affect a final settlement.
What Is a Wrongful Death Claim?
A wrongful death claim can be made when one party’s conduct results in someone else’s death. The death may either be the result of negligence, or carelessness, or it could also happen due to an intentional tort.
Wrongful death claims are common after a variety of different types of accidents that result in death, such as:
- Car accidents
- Truck accidents
- Workplace accidents
- Medical malpractice
- Motorcycle accidents
Wrongful death claims follow many of the same rules and deadlines as typical personal injury claims, although there are some key differences. An experienced personal injury lawyer can help you navigate the complex legal landscape of a wrongful death claim in order to get the compensation your family may be owed.
Who May File a Wrongful Death Claim in Georgia?
Not just anyone may file a wrongful death claim after a fatal accident. The right to file a claim is limited to close family members or the personal representative of the deceased’s estate.
In order of priority, those who may file a claim are:
- Surviving spouse
- Surviving children
- Surviving parents
- Executor or administrator of estate
Keep in mind that the right to bring a wrongful death claim depends on which eligible family members survive the deceased. When multiple beneficiaries are entitled to recover, Georgia law determines how the recovery is divided among them.
What Types of Damages May Be Included in a Wrongful Death Claim?
Eligible family members may recover compensation for the full value of the deceased person’s life, while the estate may pursue certain additional losses related to the injury and death.
Some damages that may be available in these claims include:
- The full value of the deceased person’s life
- Lost income and future earning capacity
- Lost employment benefits
- The value of the services the deceased person would have provided
- Medical expenses related to the fatal injury
- Funeral and burial expenses
- Conscious pain and suffering experienced by the deceased before death
- Other damages that may be recoverable by the estate
Wrongful death claims commonly include both economic and non-economic damages. An experienced lawyer can assess your claim and help you determine all the damages that should be included.
Calculating the Value of a Wrongful Death Settlement
It is impossible to put a price tag on your loved one’s life, but understanding the factors that affect a wrongful death settlement can help maximize your compensation. The value of your claim will depend on the specific damages and losses you suffered.
Some common factors that may influence the final amount of your settlement are:
- The age and health of the deceased prior to the accident
- The average earnings and expected lifetime earnings of the deceased
- The amount of insurance coverage available
- Whether your loved one shared any fault for the accident
- The cost of any medical treatments performed prior to death
Because every wrongful death case involves different circumstances, there is no standard settlement amount. An attorney can evaluate the evidence, available insurance coverage, and applicable damages to determine the potential value of a claim.
Contact Malone Law Medical Malpractice and Severe Injury Lawyers To Schedule a Free Consultation With an Atlanta Wrongful Death Attorney
Wrongful death claims and lawsuits in Georgia can be extremely complex. Miscalculating the total value of your claim could leave your family struggling in the future, so it is always best to have an experienced lawyer on your side who can help protect your rights and put an accurate value on your claim.
Contact Malone Law Medical Malpractice and Severe Injury Lawyers today to schedule a free consultation with an Atlanta medical malpractice lawyer and let us help you during this difficult time.
We proudly represent injury victims across Fulton County, including Atlanta and surrounding communities in Georgia.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346
(770) 390-7550
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