It is impossible to know how much a wrongful death lawsuit is worth without assessing the individual case in detail. Since wrongful death lawsuits take into account the unique circumstances of the decedent, there are no average settlement amounts.
In purely economic terms, however, every wrongful death lawsuit does have a certain value or worth, but compensation can vary widely from one case to another. You can find out how much your wrongful death lawsuit may be worth by seeking the advice of a wrongful death attorney.
Types of Compensation
While no monetary compensation can stop the grief or soften the blow of an unexpected and heartbreaking loss, a wrongful death lawsuit seeks to help surviving family members address their loved one’s absence.
In Georgia, the family of the decedent could be entitled to seek a range of compensation. A wrongful death claim may address both the losses experienced by the surviving family members, as well as the suffering endured by the decedent until the time of their death.
Compensation that survivors could seek in a wrongful death lawsuit can include:
- Hospital stays
- Medical treatment costs
- Funeral expenses
- Emotional anguish
- Physical pain and suffering
- Loss of companionship
In assessing the worth of a wrongful death lawsuit, the court may also assess any lost benefits the family members would have received from the decedent. This can include any financial contribution the decedent would have provided for their family.
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Types of Wrongful Death Lawsuits
In general, wrongful death can arise when an individual dies due to another entity’s misconduct or negligence. Many different circumstances can potentially lead to a wrongful death lawsuit, including but not limited to:
- Medical malpractice
- Car and truck accidents
- Exposure to toxic substances
- Work accidents
- Defective products
- Premises liability
- Deliberate injury or killing
- Nursing home neglect
- Boating and aviation accidents
- Dog bites and attacks
The list is not exhaustive. Potentially, wrongful death claims can arise in any type of circumstance where a person dies due to negligence or the deliberate acts of another party.
Filing a Wrongful Death Lawsuit
Only specific persons may file wrongful death claims. In Georgia, this generally includes the spouse and children of the deceased. If parents lost a child to wrongful death, they may be able to file a lawsuit, as well. Depending on the circumstances of your case, others may be able to file a suit. A lawyer can explain more about who is eligible to file.
It is important to note that relatives do not have an unlimited amount of time for filing a wrongful death lawsuit, according to O.C.G.A. § 9-3-33. While there can be extensions to this time limit in some wrongful death cases, not filing within the deadline could bar the survivors from recovering any compensation. A wrongful death lawyer can inform you about the best time to file a claim.
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A Wrongful Death Lawyer Can Help
A sudden and unexpected death in the family is not only tragic and heartbreaking, but it can also cause financial hardship. Moreover, if the decedent formerly handled a family’s finances, bills, and bank accounts, the surviving spouse or family may now feel overwhelmed.
This might not only be due to the loss of their loved one but also due to a stack of unfamiliar paperwork and responsibilities. There are also all the unexpected end-of-life expenses, including any medical bills and costs for the funeral, among other expenses.
You do not have to go through this on your own. Your attorney can assist you with handling your wrongful death claim, leaving you free to grieve and spend time with your loved ones.
Our Legal Services
Wrongful death claims can be challenging to prove. However, we can help you with your claim in a variety of ways, including:
- Thoroughly investigating your claim and losses
- Providing legal advice and guidance
- Preparing your lawsuit and building a case against the negligent party
- Negotiating with the at-fault party and their insurance company
- Taking your claim to trial if necessary
Your lawyer will handle all the legal aspects of your case.
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Proving Negligence in a Wrongful Death Case
When we take on your case, we will demonstrate the four elements of negligence to prove the other party holds liability for your loved one’s passing. We may conduct our own investigation into the accident and gather evidence to establish that the other party’s carelessness led to your loved one’s fatal injuries.
Duty of Care
Our first step is to establish that the liable party owed your loved one a duty of care. Depending on your case, duty of care can apply in different ways.
For example, property owners must maintain their premises so that they are safe for guests, patrons, and invitees. Similarly, motorists must follow traffic laws to provide a reasonable level of safety to other motorists and pedestrians.
Breach of Duty
We can also help prove that the liable party breached this duty of care through a negligent act. For example, a property owner may have failed to warn guests about loose floorboards or other hazards on the premises. A negligent driver may have failed to yield the right of way when turning.
Causation
From there, we will connect this breach of duty of care to the accident. We can help prove that their negligence either caused or contributed to the accident that resulted in your loved one’s fatal injuries.
Damages
Finally, we can calculate your losses and gather evidence to prove that your loved one’s passing caused you losses. These losses can be both financial, like funeral expenses, and non-economic, like loss of consortium.
Call Bader Scott Injury Lawyers Today
A wrongful death attorney with our firm can protect your legal rights and fight for what you and your family deserve. We can communicate with other entities, including the at-fault party and their attorney, while you concentrate on your family and begin healing from your devastating loss.
Contact Bader Scott Injury Lawyers today for a complimentary case review with one of our compassionate team members. Call us at (404) 888-8888.
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