Losing someone you love is tough, and when it’s because of someone else’s carelessness or misconduct it’s even harder to deal with. In those cases, a wrongful death settlement can help bring financial relief and closure to the surviving family members. But what you may be entitled to in a wrongful death settlement isn’t always clear. Consulting an experienced wrongful death attorney can help clarify what you may be entitled to and navigate the complexities of your unique case circumstances.
In this blog, we’ll go over the key factors that affect wrongful death settlements in Georgia, give you examples of average settlement amounts, and explain how a seasoned Douglasville wrongful death lawyer can help you through the process to get fair compensation for your loss.
What is a Wrongful Death Settlement?
A wrongful death settlement is a financial agreement between the at-fault party (or their insurance company) and the family of the deceased. This settlement is to compensate the surviving family members for the financial and emotional losses they’ve suffered because of their loved one’s death. It’s often reached out of court so both parties can avoid a long trial. Wrongful death claims are the legal basis for seeking these settlements.
Purpose of a Wrongful Death Settlement
The purpose of a wrongful death settlement is to bring financial relief to the surviving family members. It covers expenses and losses such as medical bills, funeral costs, and lost income the deceased would have provided. It also compensates for non-economic damages such as the emotional pain and loss of companionship to the family. Wrongful death lawsuits are often necessary to secure these settlements.
How is a Wrongful Death Settlement Different from a Lawsuit?
A wrongful death lawsuit involves a court trial to determine liability and compensation. A wrongful death settlement is an agreed upon payment reached through negotiation. Most wrongful death cases are settled before going to trial as both parties want to avoid the uncertainty and expense of court. Consulting experienced wrongful death attorneys can help families understand the best course of action and navigate these options effectively.
Who Can File a Wrongful Death Claim in Georgia?
Not every family member can file a wrongful death claim in Georgia. This section explains who has the legal right to file on behalf of the deceased. It is crucial to consult with Georgia wrongful death lawyers to understand eligibility and legal rights.
Eligible Family Members
Under O.C.G.A. 51-4-2, the right to file a wrongful death claim is limited to specific family members. The first eligible party is the surviving spouse of the deceased. If there is no surviving spouse, the children of the deceased are next in line to file the claim. If there are no children, the parents of the deceased can file a wrongful death claim. Wrongful death lawyers can provide essential guidance to eligible family members, helping them navigate the complexities of wrongful death claims and ensuring they receive the justice and compensation they deserve.
Estate Representative
If none of the above family members are alive or willing to file a claim, the legal representative of the deceased person’s estate can file the wrongful death claim on behalf of the beneficiaries. The estate representative handles the claim and any settlement or court award is distributed according to the deceased person’s will or Georgia’s laws of inheritance. The estate representative may also handle a personal injury claim on behalf of the deceased to recover damages such as medical expenses and suffering endured before death.
Claimants
Extended family members such as siblings, cousins or friends do not have the right to file a wrongful death claim in Georgia. Only those directly related as above can file a claim. Only eligible family members can file a wrongful death suit.
Factors that Affect Wrongful Death Settlement Amounts
The value of a wrongful death settlement is based on the financial and emotional loss to the surviving family members. This section goes over the key factors. These factors are also considered when evaluating wrongful death claims.
Age and Health of the Deceased
The age and health of the deceased is a big factor in determining the settlement value. Younger or healthier individuals are considered to have more earning potential so the settlement is higher. The longer the deceased would have lived and provided for their family the larger the settlement.
Earning Potential and Financial Support
The deceased’s income and financial support to their family is a big factor. Higher-earning individuals especially those who were the primary breadwinner for their family generally get larger settlements. This is to compensate for lost wages, benefits, and future earnings that would have been provided over their lifetime.
Dependent Family Members
The presence of dependent family members such as a spouse, minor children, or elderly parents also affects the settlement value. Families who were heavily dependent on the deceased for financial and emotional support may get higher compensation for loss of companionship, guidance, and financial security.
Medical and Funeral Expenses
Any medical expenses incurred as a result of the accident or injury and funeral and burial expenses are often included in the settlement. These economic damages are easy to quantify and add to the total compensation the family gets.
Pain and Suffering
If the deceased experienced a lot of pain and suffering before they died this can increase the settlement value. The emotional and physical distress of the deceased and the grief of the surviving family members are factored into the compensation, especially in cases of long-term suffering or traumatic circumstances.
Circumstances of the Death
The specific circumstances of the wrongful death, whether it was caused by negligence, recklessness, or intentional misconduct also affect the settlement. Cases of egregious conduct may get larger settlements sometimes with punitive damages to punish the wrongdoer.
Georgia Settlement Range
Wrongful death settlements in Georgia can vary greatly. This section shows the average settlement range and examples of past cases.
General Range
In Georgia, the average wrongful death settlement is between $600,000 and $3,650,000. This range is based on the earning potential of the deceased, the extent of financial and emotional damages to the family, and the circumstances of the accident or injury.
High-End Settlements
Some wrongful death cases get much higher settlements especially when the death was caused by gross negligence or involved big corporations. For example, a $40 million settlement was awarded in a case where a faulty guardrail caused the accident. In another case of medical negligence, a $3.65 million settlement was obtained for the family of a patient who died due to lack of supervision.
Lower End Settlements
Not all wrongful death settlements are in the millions. Cases of individuals with lower earning potential or minimal dependents may get settlements at the lower end of the spectrum like $600,000. Limited insurance coverage or shared liability in the accident can also reduce the settlement.
Settlement Range
These examples are just a general guide. Each wrongful death case is different. The specific circumstances including the degree of negligence and the impact on the surviving family will determine the final settlement amount.
How are Wrongful Death Settlements Calculated?
Wrongful death settlements are calculated by considering both economic and non-economic damages. This section explains how the compensation is calculated for the surviving family members.
Economic Damages
Economic damages are the financial losses directly related to the death. These are:
- Lost wages and future earnings: The income the deceased would have earned if they lived is calculated based on their age, career, and earning potential.
- Medical expenses: If the deceased had medical bills before they died as a result of the accident or injury these are included in the settlement.
- Funeral and burial costs: The costs of the funeral and burial of the deceased are part of the economic damages awarded.
Non-Economic Damages
Non-economic damages compensate the family for intangible losses such as emotional pain and loss of companionship. These are harder to quantify but are equally important:
- Pain and suffering: The emotional distress to the family due to the death of their loved one is included in the settlement.
- Loss of companionship and support: The emotional and familial support provided by the deceased is a big factor especially if there were dependent children or a spouse.
Punitive Damages
In some cases, punitive damages are awarded. These are meant to punish the responsible party for grossly negligent or intentional behavior that caused the death. Not always included but can add up to a big chunk of the settlement.
Insurance and Liability
The insurance of the responsible party is a big factor in determining the final settlement. In cases where the at-fault party has limited insurance, the settlement may be lower even if the damages are big. Shared liability between multiple parties or the deceased can also reduce the compensation.
Contact an Experienced Douglasville Wrongful Death Attorney ASAP!
If you’ve lost a loved one due to someone else’s negligence, Georgia wrongful death lawyers can provide the necessary legal guidance and support. You don’t have to go through the legal process alone. Our compassionate and experienced team at Hartley, Rowe, & Fowler is here to help you every step of the way.
Contact us at 678-825-6004 for a free case consultation today!
