Losing a loved one in a wrongful death accident is a tragedy that affects families in ways that go beyond words. In Georgia, families who lose someone in this way may be able to seek compensation through a wrongful death claim. This process allows certain family members to recover damages, which are financial awards given to help ease the burden of the loss. Damages in a wrongful death case in Georgia are generally divided into two types, economic and non-economic. Understanding these damages and how they are calculated can be helpful for grieving families seeking justice and support after a sudden loss. At, Princenthal, May & Wilson, LLC, we are here to guide you through the legal process and help you navigate the complexities of your case
What Is a Wrongful Death Claim in Georgia?
A wrongful death claim is a legal action taken when a person’s death results from another party’s careless or harmful actions. In Georgia, only certain family members may file this claim, including the surviving spouse, children, or parents of the deceased. The purpose of a wrongful death claim is to provide some form of compensation for the emotional and financial impact that this tragic loss has caused. Georgia law recognizes that losing a loved one is both financially and emotionally challenging, which is why compensation is available in two categories, economic and non-economic damages.
Economic Damages in Wrongful Death Cases
Economic damages are the financial costs directly connected to the wrongful death. These damages are intended to cover the measurable expenses and losses that the family has faced as a result of losing their loved one. In wrongful death cases, economic damages often include lost wages, lost benefits, medical expenses, and funeral costs. Since these losses are easier to quantify, economic damages are often simpler to calculate than non-economic damages.
Lost Wages and Lost Benefits
One significant part of economic damages in wrongful death cases is lost wages. When a family member who was earning an income dies suddenly, the family often suffers financially from the loss of that income. Georgia law allows families to seek compensation for these lost wages. This may include the wages the deceased person would have earned in their remaining working years if they had not passed away. Lost benefits, such as health insurance, retirement contributions, or pensions, may also be part of this calculation. By including lost wages and benefits, economic damages aim to make up for the future financial stability that the family has lost.
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Medical Expenses and Funeral Costs
The medical expenses that were incurred before the person’s death may also be included in the wrongful death claim. For instance, if the person was treated in a hospital before they passed away, the costs of that medical care can be included in the economic damages. In addition, funeral and burial expenses are often a heavy financial burden for families. These costs are also considered part of economic damages and can be included in a wrongful death claim. By covering these immediate expenses, economic damages can help families focus on healing rather than financial stress.
Non-Economic Damages in Wrongful Death Cases
Non-economic damages are intended to compensate for the losses that are harder to measure. These are damages that do not have a specific price tag but still have a significant impact on the lives of surviving family members. In a wrongful death case in Georgia, non-economic damages are often awarded to account for the emotional suffering and loss of companionship that comes with the death of a loved one. Non-economic damages, while challenging to calculate, are crucial for families who are coping with the pain of a sudden loss.
Pain and Suffering
When a loved one passes away, the surviving family members often experience a great deal of emotional pain and suffering. Non-economic damages in Georgia wrongful death cases recognize this emotional impact and aim to provide financial compensation for it. Although money cannot erase the pain, non-economic damages provide some measure of comfort to help the family move forward. The amount awarded for pain and suffering varies from case to case and is typically based on the specific circumstances of the family and the nature of their loss.
After a car accident, I contacted David May at the Lagrange office. He, and his staff, helped me with medical advice and follow up doctors visits, along with dealing with my insurance and the insurance of the woman that hit me. I have been very pleased with the service I received from David May and the Lagrange staff. They are warm and open, always there to help with advice and answer questions.” - Debau I highly recommend Adam Princenthal .I was looking for someone with years of experience in personal injury.They needed to be knowledgeable, transparent and honest.I wanted to know I was dealing directly with the lawyer I hired.Adam Princenthal could answer all the difficult questions and phone calls were returned.Adam got the settlement I was looking for in a timely manner." - Nancy K. I am glad that I was referred to Princenthal & May. Matthew met with me and gained my trust with the case. I was never left in the dark on any matters, My phone calls were either answered or returned quickly. The office staff are very friendly as well. My case was settled, with both Matthew and Adam present. Both are very professional in their work.. They work for you !!!" - Jacque Minor
Loss of Companionship and Care
The loss of companionship is another aspect of non-economic damages. When a family member dies unexpectedly, the surviving family members lose the companionship, love, and guidance that the person provided. In wrongful death cases, Georgia law allows families to seek compensation for this loss. This can include the loss of parental guidance for children, the loss of a spouse’s companionship, or the emotional void left for parents who have lost a child. Non-economic damages seek to address these deep emotional losses, which are a major part of the grief process for families.
How Economic and Non-Economic Damages Are Calculated
Calculating damages in a wrongful death case involves considering many different factors. Economic damages are typically easier to calculate because they involve financial numbers that can be estimated based on income records and employment history. However, calculating non-economic damages requires a more complex approach, as it involves trying to place a value on things that are not directly measurable. In Georgia, courts may consider various factors when determining the amount of non-economic damages, including the closeness of the family relationships and the level of emotional support that the deceased person provided.
Using Income History for Economic Damages
When determining economic damages, the court will look at the income history of the deceased person. This is done to estimate the total lost income that would have been available to the family over the course of the person’s lifetime. This calculation can include not only regular wages but also bonuses, retirement benefits, and other types of financial income that would have supported the family. The goal of calculating economic damages in this way is to provide the family with the financial security they have lost due to the unexpected death.
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Emotional Value for Non-Economic Damages
For non-economic damages, there is no specific formula, so courts in Georgia have to make decisions based on the emotional value of the loss. Judges and juries may listen to testimonies from family members to understand the relationship they had with the deceased person and the pain they are experiencing. The nature of the family’s relationship with the deceased person often influences the court’s decision about non-economic damages. This approach helps courts recognize the deep emotional impact that a wrongful death has on family members and offers them some measure of comfort through financial compensation.
Why Economic and Non-Economic Damages Are Important
Both economic and non-economic damages play important roles in wrongful death cases because they address different needs of grieving families. Economic damages help families cover the immediate financial losses, ensuring that they do not face financial ruin on top of their emotional suffering. On the other hand, non-economic damages recognize the emotional loss that families face, providing some measure of justice for their grief. By including both types of damages, Georgia’s wrongful death laws seek to give families the financial and emotional support they need during a time of unimaginable pain.
Seeking Legal Help for Wrongful Death Damages in Georgia
Navigating a wrongful death claim can be challenging, especially for families who are dealing with the overwhelming emotions of losing a loved one. Families facing this situation may find it helpful to seek legal guidance. A wrongful death claim requires gathering evidence, understanding Georgia’s laws, and presenting the case in a way that can maximize the damages awarded. By consulting with an attorney, families can focus on grieving and healing, knowing that the legal aspects of their case are being handled by someone with experience in wrongful death claims.
Representative Cases
If you have lost a loved one due to someone else’s actions, it is understandable to feel overwhelmed by the process of seeking justice. At Princenthal, May & Wilson, LLC, we understand the challenges that come with filing a wrongful death claim and the importance of seeking both economic and non-economic damages. Our firm is here to support you during this difficult time and to guide you through the steps involved in your case. Let us handle the legal details while you focus on healing and remembering your loved one. Reach out to Princenthal, May & Wilson, LLC today to learn how we can help you pursue the compensation you deserve.