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How are Damages Calculated in a Wrongful Death Case in Georgia?


Published in wrongful death on November 13, 2018.

Having a loved one die is always a devastating experience that can adversely change your life forever. However, if the death was caused by the negligence, recklessness or intentional act of another person, it can be even worse. The loss of your loved one can also lead to a considerable financial hardship on you and your family. In this situation, you may be entitled to sue for the wrongful death. It’s important to know what damages you can recover in this type of case in Georgia as well as other parts of the United States.

What is a Wrongful Death Case?

A wrongful death case is a civil lawsuit that is initiated by the survivors of a deceased person who died as a result of negligent or intentional actions of someone else. Sometimes, this type of case is brought about by an individual’s estate. There are specific rules determining what can be claimed in a wrongful death case and certain damages that can be recovered as well.

What are the Damages Categories in a Wrongful Death Case?

In general, there are two categories that make up the damages that can be claimed in a wrongful death case. They can be explained by two different time periods. One category involves the damages that the deceased’s family would have to recover from the time of the act that led to the person’s death. For example, if the person died after injuries sustained in a car accident that was the fault of a negligent driver, the damages would include the medical expenses following the accident, lost wages, pain and suffering and funeral and burial expenses after the death.

The second category involves the losses the loved ones of the deceased person experience. Generally, these damages are given to compensate the family for any financial losses they suffer as a result of the death. In many cases, this is due to the loss of the money the individual would have earned if they had not died; money upon which the family depended. It also includes money that the person would have earned up until their eventual retirement.

Georgia, like some states, also allows the spouse or immediate family members to claim damages due to being deprived of the deceased person’s love or companionship.

Who Can Receive Damages in a Wrongful Death Case?

There are certain factors that determine who can receive damages in a wrongful death case. Generally, the court considers the relationship between the family members to the deceased. Wrongful death damages are usually awarded to the following family members:

  • Spouse: The spouse of the individual has a claim for damages due to the loss of companionship of their loved one.
  • Children: Minor children are usually awarded damages if the victim of wrongful death is a parent.
  • Parents: Parents of a minor child who is lost due to a wrongful death situation can recover damages.

If you reside in Georgia and have lost a loved one to wrongful death, get in touch with Blake Smith at your earliest convenience. You need the experience and expertise of a reputable attorney like Blake Smith to recover the compensation you deserve.