How are damages calculated in a wrongful death case? It can seem harsh and impossible to understand the value of a wrongful death claim, especially if you have just lost your family member.
Compensation for a wrongful death case considers the losses the individual would have received if they lived, as well as compensation for the family’s losses, so be sure to speak with a Duluth wrongful death lawyer today.
Understanding a Wrongful Death Claim
A wrongful death claim allows the estate or family members of a person who died as a result of the negligent or reckless actions of another person to recover losses. These claims are a civil action filed against the party responsible for the incident. The claim’s objective is to provide financial compensation to cover losses suffered prior to the death as well as after the death.
Close family members have the right to take this action, starting with a spouse or legally recognized partner, children of the individual, or their parents, depending on what relatives are present. In situations where the family is not available or they appoint a personal representative, that party can act on behalf of the estate. It is up to the person or people filing the claim to be thorough in documenting all losses incurred.
What makes this challenging is that it is not always simplistic to know what your losses are. There’s no automatic value to place on someone’s life, especially if they were younger and had years ahead of them. Yet, some guidelines can help you, as the family, calculate these losses so you can file a comprehensive claim that you so fairly deserve.
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Economic Damages in a Wrongful Death Claim
As one component of calculating damages in many wrongful death claims (Ga. Code § 51-4-2), economic damages account for financial losses that you or your family member suffered as a result of the incident and death. These damages are straightforward often because they are easier to calculate from medical bills and documented lost time at work. Some examples of the economic damages that may make up a portion of the wrongful death claim include:
- Medical expenses: This includes any medical care provided prior to the person’s death after the accident. This may include hospitalization costs, emergency medical care, surgeries, and any other care they received.
- Funeral and burial expenses: You may include the cost of final arrangements for your family member. This may include funeral and burial costs or cremation costs as associated with your needs.
- Loss of income: You can file a claim that includes financial losses from missed work prior to their death. In addition to that, you can file a claim for loss of earning capacity. This value is dependent on a number of factors, including their occupation, age, education, and the projected trajectory of their career over time. Your attorney will help you determine what these losses could be.
- Loss of support: Another form of economic loss relates to the loss of the person’s support and service. This could include the value of the services they would have provided if they lived. Examples may include childcare or household costs.
Your economic damages should be robust. Your attorney will help you calculate what they are based on every facet of the losses faced. If you file a claim only for these losses, you will not receive fair compensation in most situations.
Non-economic Losses in Wrongful Death
Non-economic losses are those losses related to the less tangible losses you are facing now and your loved one faced prior to their death. Nearly every wrongful death case will include non-economic losses simply from the pain and suffering involved in such a horrible situation. Some examples of the losses your attorney may help you pursue include:
- Pain and suffering of your loved one: Prior to their death, they may have suffered significant pain and catastrophic losses as a result of the incident.
- Emotional distress: Your family member may also have suffered emotional distress from the incident and throughout their medical treatment.
- Pain and suffering for the family members: Immediate family members also bear significant loss in this area because of the complexity of such claims.
- Loss of companionship and consortium: Not having this person in your life leads to continued loss in various ways.
The amount of loss you receive for non-economic damages is dependent on the severity and type of accident, as well as the impact this loss will have on your future. Your Duluth personal injury lawyer will work very closely with you to understand all aspects of this loss, including how it may impact relationships, your ability to grow your own career, and your child’s ability to know their parents.
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Calculating These Losses Can Be Complex
All types of wrongful death losses can be troublesome to calculate because it is challenging to know how to value each situation. Yet, with the guidance of a wrongful death attorney, it may be possible for you to get a better idea of what losses may apply in your case. Speak to an attorney before:
- You file a claim against any party
- Settle your claim for wrongful death losses
- Accept any type of settlement offer
- Go to court to fight for compensation
- Limit yourself from seeking fair justice for your loved one
Wrongful death compensation is valuable simply because it is critical to rebuilding the lives of families damaged forever. In these situations, having a legal team available with informative FAQs to guide you throughout the process takes the pressure off of you and allows someone to fight for your family member’s justice.
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Find an Attorney Ready to Pursue Full and Fair Compensation for the Loss of Your Family Member
The value of damages in a wrongful death claim in Georgia is based on the evidence the family presents to determine the value of all losses incurred by the deceased person and the surviving family members. This is a complex figure and one that benefits from the guidance of an attorney. Contact Slam Dunk Attorney now for a free consultation to discuss your rights.
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