Wrongful Death

When an accident results in a fatality, the case is truly tragic. Under Georgia law, certain family members have the legal right to bring a wrongful death lawsuit. This is to compensate the family for the losses they suffered as a result of their loved one’s death. If you are a family member, you would understandably like to know Georgia’s average wrongful death settlement amount.

However, the truth is: there is no wrongful death lawsuit settlements average that we can share with you. The value of the claim depends on the facts and circumstances. Just like any other personal injury claim, the wrongful death lawsuit value will depend on the circumstances of the accident.

Retaining an Atlanta wrongful death attorney can help. When you meet with our legal team at Weatherby Law Firm, P.C., we will provide you with an estimated claim valuation based on the circumstances of your case at the earliest opportunity. A good faith estimate cannot be given in the first conversation. However, we know that folks dealing with a wrongful death want to know as soon as possible the estimated valuation of the case. We work to provide that.

Types of Damages in a Georgia Wrongful Death Claim

The damages available in a wrongful death settlement amount may vary. Damages are separated into two main categories: economic and non-economic.

The first category is economic damages. Economic damages look at the potential earning capacity of the deceased. How much money could the deceased have made if they had lived a long life and died of natural causes? Georgia law also factors in the economic value of services provided by the deceased in the home.

The law recognizes that there is value in uncompensated services such as childcare, household care, caregiving to a sick or disabled family member, and other related services. Sometimes expert testimony can be used to calculate the potential economic loss.

The second category is non-economic damages. This type of damage is why settlement amounts can vary significantly. This is a more subjective value and includes the “full value of the life of the decedent.” This includes intangible benefits like companionship, support, counsel, and general enjoyment of life.

In very limited cases, punitive damages may be awarded. This type of financial compensation is limited to cases that involve some type of malicious or egregious behavior. The idea behind punitive damages is to punish the wrongdoer while deterring others from committing the same actions.

Factors for a Wrongful Death Lawsuit in Atlanta

One key factor in negotiating a wrongful death settlement is the liability of the defendant. In general, liability is proven by the plaintiff showing that the other party was negligent, reckless, or acted intentionally. The more clear liability generally the larger the settlement.

Other factors include the amount of economic and non-economic losses, discussed above. And, the facts and circumstances of the case. Some factors that can affect a wrongful death settlement include:

• Victim’s Age — If the deceased is younger or a minor, it may increase the claim value since it’s expected that a younger person would have had longer to live. That also means that the value for loss of earnings and potential earning capacity is higher.
• Education and Earnings — The victim’s salary, education, and training can impact the value of the case. Someone who makes $175,000 per year in a very specialized field may have a higher claim value than someone of a similar age who was making $50,000 a year.

• Community Involvement — Community involvement may also affect the value of the claim. A person who provides a lot of support to their family, friends, and neighbors may have a higher claim value.

If the deceased lived for any amount of time after the incident or accident, the estate may be able to bring a claim for the pain and suffering that the deceased experienced before passing away. This would also include any medical expenses and lost wages incurred before death. Funeral expenses and burial costs are also recoverable in a wrongful death suit.

At the end of the day, if you see a web page that lists the average wrongful death settlement, don’t rely on that amount for your case. All wrongful death settlements are reached using the individual factors of the case. A reasonable value of the case cannot be obtained until the facts of the case are known and evaluated by a wrongful death lawyer.

Wrongful Death Claims Require Liability, Causation, and Damages

A wrongful death settlement can vary widely in results. A personal injury claim is like a three-legged stool. There must be three legs (liability; causation; and damages) for the claim to stand.

In a wrongful death claim, there is clear damages. But, sometimes, there is no liability or causation. Georgia law is clear that simply because a mere accident, without more, is not sufficient to bring a claim. There must be something that the defendant did that violated an applicable standard of care.

For example, an Atlanta truck accident attorney would review whether or not the truck violated a uniform rule of the road. If a rule of the road was not violated and, instead, the decedent caused the accident, then there would not be a recovery in a wrongful death case.

If there is liability, there must also be causation.

In the case of a fatal accident, this means that the accident in question caused death. Preexisting, degenerative, and congenital conditions are not typically recoverable.

In the case of wrongful death, typically the causation element may be straightforward because the death occurred close to the accident.

There is a classic “law school” example of causation, however, that illustrates that causation may be broken even in a wrongful death case.

Imagine that a person suffered a relatively minor injury in an auto accident. The person was placed in an ambulance. On the way to the hospital, the ambulance was struck by lightning, killing the person inside. Because the lightning caused the death, not the auto accident, there is no causation. This example is extreme but it illustrates the point that the accident itself must cause death, not some event or condition unrelated to the accident.

When Should I Hire an Atlanta Wrongful Death Lawyer?

Hiring an attorney from the start is always recommended. A family who has lost a loved one is experiencing grief and loss. Hiring an attorney can help ease some stress. Likewise, a defendant facing a wrongful death suit needs help in knowing how to proceed.

When you retain Weatherby Law Firm, P.C., we will deal with the litigation process and help you move forward as best you can. Contact our office today to schedule an initial consultation. We have years of experience handling wrongful death claims in Atlanta, and we are here to help you in any way we can.

Discuss Your Case With Us

The death of a loved one is painful under any circumstances. When a person dies due to the wrongful actions of someone else, then certain family members may have a wrongful death claim for the fatal accident. If the wrongful death lawsuit is successful, then the family members may receive compensation for the death of their loved one.

In Georgia, the laws that govern wrongful death are highly complex and potentially difficult to understand. Specifically, it can be difficult to determine who can bring legal action and how wrongful death proceeds are distributed.

The Atlanta wrongful death attorneys of Weatherby Law Firm, P.C. can answer your questions and provide the information you need to get started with the legal process.

Who Can File a Wrongful Death Suit in Georgia?

Georgia wrongful death statutes establish who has the right to bring legal action. The list of people who can file a lawsuit is short: 

• A surviving spouse has first priority;
• If there is no surviving spouse, the children can file;
• If there is no surviving spouse or children, the surviving parents can file; and, 
• If none of these persons are able to bring the suit, the personal representative of the victim’s estate may file a suit seeking compensation on behalf of the victim and the estate. However, should compensation be awarded, the funds are awarded to the victim’s next of kin.

There are exceptions to the law that could apply to your case. The best way to determine whether you have a valid wrongful death claim is to consult an experienced attorney.

Who Can You Sue for Wrongful Death in Atlanta, Georgia?

According to Georgia law, a person may be liable (that means, be sued) for wrongful death if that person commits negligence, recklessness, or intentional conduct that causes the death .

A list of examples of possible instances where wrongful death suits can be filed include but are not limited to:

• Motor vehicle accidents,
• Truck accidents;
• Injury due to a dangerous defective product,
• Injury due to negligence on private property, 
• Injury due to criminal assault, and
• Medical malpractice.

In general, in Georgia, a suit must be filed within two years from the date of the person’s death in most cases. The law provides some exceptions that can extend or limit the time limitation. In some circumstances, the time limitation can be as short as a few months if, for example, there is a city government involved.

In other instances, the time can be longer like when the injured person is a child. These are just examples. In order to know if a valid claim for wrongful death can still be asserted, you should talk with an Atlanta wrongful death attorney as quickly as possible.

How Long Until a Case will Be Settled, a Check Received, and Who will Receive the Funds?

The majority of cases settle. Although it isn’t possible to identify any average time to resolve a case, the truth is that wrongful death cases usually take time. If there is minimal insurance and clear liability, the case may be resolved in a matter of weeks. However, for a case with high insurance, disputed facts, or other complications, it often takes months or years to resolve the dispute. Once an experienced attorney has all of the facts of your case, they can give you an idea of how long it will likely take to resolve your case.

As for how wrongful death settlement distribution is made, the answer is determined based on the heirs under the statute. For example, should a partner be left alive after a spouse’s wrongful death, the spouse is legally entitled to no less than a third of whatever is awarded to the victim’s family under Georgia law. If the deceased left children behind as well, then those children are also entitled to recover. It can get complicated.

For example, if the victim left a spouse and no more than two children behind, the money is split evenly between all parties. However, if the deceased left three or more children behind, a special clause states that, as above, the spouse receives the third they are legally entitled to and then the remaining two thirds of the award is divided equally between all the children.

Yet another aspect of the statute states that if one of the victim’s children died before them, the money would be split evenly between the child’s children (the victim’s grandchildren). For example, a victim leaves behind a spouse and one child. However, the victim’s other child passed before the victim, leaving behind one grandchild.

The money would then be split evenly between the spouse, the surviving child, and the grandchild. Should there be multiple grandchildren left behind, the money that would have been awarded to the victim’s late child would be divided evenly among all those grandchildren.

As you can see, the Georgia laws are convoluted and potentially difficult to interpret, especially with regard to how wrongful death proceeds are divided. Talk to a knowledgeable attorney to determine specifically how the laws apply to your case.

Talk to an Atlanta Wrongful Death Attorney Today

A wrongful death case required compassionate, strong advocates. The wrongful death lawyers of Weatherby Law Firm, P.C. have a long history of impressive case results that demonstrate our commitment to getting it done for folks in wrongful death cases.

Call or contact us now to schedule a no-cost, no-obligation consultation and case review or to speak directly with one of our Georgia wrongful death attorneys.