Georgia Wrongful Death Damage Compensation

What to expect in Georgia for your wrongful death lawsuit

The Cochran Firm Atlanta explains what type of damages you can receive if you file a wrongful death lawsuit. The award of damages in Georgia wrongful death cases is similar to those in other states with a few exceptions. In Georgia, damages are calculated as losses to the victim—as if the victim had survived. Although surviving family members are the ones filing a wrongful death claim, they essentially are acting as a representative of the deceased. In this regard, Georgia wrongful death cases are often similar to total disability cases.

One obvious result of Georgia’s decedent-focused perspective on wrongful death damages is that family members aren’t able to recover damages for their own emotional distress or support otherwise received from the victim – the pain and suffering awards reflect what was experienced by the deceased individual.

In granting awards for wrongful death in Georgia, juries are asked to consider the life of the victim, their habits, health, business activities, age and other aspects as presented in the case. Based on what they learn, jurors are then given the responsibility of determining a fair and reasonable award. Some other aspects also come into play in a jury’s decision:

• What would have been the expected earnings of the victim between the time of death and retirement?
• What pension benefits or medical coverage would the victim have accumulated?
• What type of inheritance would the decedent have received?
• What type of physical or mental suffering did the victim endure prior to death?
• Are punitive damages relevant in this case?

Punitive damages are those awarded to punish the negligent party for reckless or malicious behavior. Georgia doesn’t allow family members to be awarded punitive damages in a wrongful death case although punitive damages have been awarded in survival actions brought by the administrator of an estate in connection with the victim’s pain and suffering prior to death.

If you’re planning to file a lawsuit on behalf of a family member that has died through the negligence of another, you may be entitled to damages resulting from your loss. To ensure that your case is handled skillfully, contact the wrongful death attorneys at The Cochran Firm Atlanta. Our experienced wrongful death attorneys will clearly explain the types of compensation you might expect to receive in your particular situation.

Contact us toll-free at 866-549-0562 or through our convenient web form to discuss your wrongful death lawsuit.

If you are facing a legal issue and need help, please contact us. There is no fee or obligation for the first consultation.