Average Wrongful Death Settlement in Georgia
Wrongful death cases are often surrounded by grief and suffering. Hiring an experienced wrongful death attorney in Blairsville can help expedite your case without compromising its validity. If you have questions about Georgia wrongful death lawsuits and settlements, contact The Law Office of Daniel R. Duello now.
What Are the Elements of a Wrongful Death Case?
In Georgia, several elements must exist in order for a case to qualify as a wrongful death claim. One element must prove the existence and death of a human. Secondly, the human’s death must have occurred as the result of another entity’s negligence or malicious purpose. The third element must come in the form of family members who continue to suffer financially as a result of the death. And lastly, the fourth element is the presence of the one who represents the deceased person’s estate.
What Are the Most Common Causes of Wrongful Death Cases in Georgia?
Wrongful death cases can stem from a wide variety of circumstances. Auto accidents and medical malpractice are two of the common causes of wrongful death in Georgia. A lot of people do not even know they qualify for a wrongful death claim until several months after the death occurs. This is commonly seen in cases where it takes a long time to receive lab results and forensics.
Filing a Wrongful Death Claim
According to statutes, a wrongful death claim in Georgia must be filed within two years of the decedent’s passing. O.C.G.A ยง 9-3-33. A wrongful death claim in Georgia may be made by the surviving spouse, son, daughter, or parent of a deceased victim in accordance with OCGA 51-4-2 of the Official Code of Georgia Annotated. If the person who passed away was divorced and neither of the divorced spouses ever remarried, the surviving divorced spouse may be eligible to file a wrongful death claim.
How Much Can You Recover for a Wrongful Death Case?
Wrongful death cases can range from hundreds of dollars to millions. According to Georgia’s Wrongful Death Act, when a person passes away due to someone else’s negligence or purposeful intent, the surviving family members obtain the legal right to file a wrongful death claim. This act also stipulates the value of the claim should be the “full value of the life of the decedent.”
How exactly is a wrongful death’s value calculated? There are many factors taken into consideration when assessing a person’s worth. These factors include income levels, whether there are any surviving children under the age of 18, and the role the person plays within the family.
Take, for example, a father of four who passes away. The father worked 60 hours a week to take care of his children and wife and played a large role in the family’s well-being. Now, let us take a mother of two who passes away. The mother never worked and did not play a major role in the family’s well-being because she was barely present.
In the examples mentioned above, you can expect the father’s value to be much higher than the mother’s. This means that if the father passes away, his wrongful death claim will probably be much higher than if the mother passes away.
Average Settlement for Wrongful Death in Georgia
Wrongful death settlements cover both economic and non-economic damages. Economic damages cover things like the loss of the deceased’s income, medical costs, and burial costs. Non-economic damages include those resulting from sorrow and the absence of companionship.
The average settlement for wrongful death in Georgia can vary widely depending on the specific circumstances of the case. Factors such as the age and occupation of the deceased, the extent of their financial contributions to their family, and the level of negligence or fault on the defendant’s part can all impact the final settlement amount.
Additionally, the legal team representing the plaintiff can also play a significant role in the case outcome. Ultimately, it is important to consult with a qualified wrongful death attorney in Georgia to assess the potential value of your case and determine the best course of action for seeking compensation.
Let Us Help You Get a Just Wrongful Death Settlement in Georgia
Here at The Law Office of Daniel R. Duello, we help people just like you with wrongful death claims. Contact us now to learn more about the average wrongful death settlement in Georgia and how hiring Georgia wrongful death lawyers can make a huge difference in receiving the settlement amount you and your family deserve.