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Wrongful Death Cases in Georgia (Part 2)

By Evan L. Kaine

Torso of family on cemetery mourning holding red and white roses in handsThe death of a loved one is not a subject many ever want to talk about, let alone experience. However, as we spotlight Wrongful Death topics, a critical part is determining the settlement or calculating the value of that person’s life.  While there will never be an amount that can replace someone you love, it is important to have sound legal advice and guidance when pursuing a wrongful death lawsuit.

Wrongful Death Claims in Georgia

The state of Georgia is known for being one of the most humane states in the country when dealing with wrongful death cases. Why? In Georgia, wrongful death claims “calculate” the full value of the deceased. The “full value of life” is determined by the conscience of an impartial jury.

Individuals such as a spouse, children, parents or heirs are subject to what is called a “survivor action” which belongs to the estate. It is brought forth by the executor of the estate who seeks compensation for the pain and suffering from the person who died. This type of compensation is meant to cover medical and funeral expenses.

Damages in a Georgia Wrongful Death Case

A wrongful death claim in Georgia can seek both items: 1) the full value of the decedent’s life; and 2) damages for the family’s loss (i.e., pain and suffering). Essentially, a wrongful death claim measures the value the life of the deceased in both an economic and intangible way.

Some damages to consider in Georgia wrongful death claims:

  • Economic Damages: Includes projected lifetime income with no deductions for living expenses or income taxes
  • Intangible Factors: the enjoyment of experiencing the life of a living person

Lastly, the amount of insurance coverage that is available will also be a considerable factor. It is important to provide your legal team with all necessary insurance documents / claims forms to help represent you and your family members. Once the tangible and intangible factors are considered, the settlement value will begin to form and (hopefully) a favorable wrongful death settlement can be obtained for all loved ones involved. If you believe that you have a Georgia wrongful death case, please contact our Georgia wrongful death attorneys today for a free consultation.

Posted in Wrongful Death |
Published October 10, 2017
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