Losing someone in a car accident can put you in a trauma. It can have a serious emotional impact on the entire family, who can be devastated due to the loss of their close ones. There is a possibility that it can lead to hardships as the deceased person can be the sole bread earner.
Therefore, a wrongful death case in Georgia means that the family will get compensation for their losses. It is imperative to have a sound understanding of the various kinds of compensation that you can get. We will discuss all the aspects of the wrongful death case in more detail.
What is a Wrongful Death Case?
A wrongful death case is when the survivors or the family members of the person who passed away bring a lawsuit against the negligent person. The rules for a wrongful death case in Georgia can be different from other states.
Usually, the family members or the close ones to the person who died can file a suit against the other party. The state rules also define the type of case a person can file and the different types of damages that the family members can get.
Various Types of Damages in a Wrongful Death Claim:
The damages are classified into two types when it comes to a wrongful death case. They depend on the periods of the accident resulting in the death.
Compensation from the Moment of Accident to Person’s Death:
The first category entails getting compensation for damages the moment the deceased person was a part of the negligent action of the other person to the time of their death.
For instance, if a person gets involved in a car accident, the damages would cover from the moment the accident happened till the person’s death due to the injuries. It could be for weeks or can even be for a couple of hours after the crash.
As per the CDC, 40,698 people lost their lives in car accidents in 2020. Therefore, the family members of the people passing away in wrongful death accidents can be awarded for the damages
Compensation for the Financial Damages:
The second type of damages is those which the court will award to the next of kin due to the loss that they incur following the close person’s death. The category aims to compensate the family members financially; so they don’t have to face any hardship.
The laws are in place for the recovery of these damages to help give the family members the amount of money that the passes person could have earned if they had not died. It can list wages till the time of the retirement of the deceased person.
A few states give family members the chance to claim the loss of consortium due to the deprivation of the love and support from the deceased person. It is extremely important in the case where a person dies and leaves behind minor children.
Who Can Receive Compensation for Damages in Wrongful Death Case in Georgia?
The court can consider many aspects before deciding on what kind of damages the family members will get in a wrongful death case. They will also consider the relationship that the person filing the claim has with the deceased individual. Below is the list of all people that the court will award the damages to:
The spouse of the person who died due to someone’s negligence or intention can get the awards for the damages of lost comradeship, along with the trauma due to their partner’s death.
Only minor children who lost their parents due to wrongful death can be awarded for the damages. It can include relationship loss that the children had with their parents, along with the love and support the children were receiving.
The parents who lost their minor children can receive compensation for the damages, grief, and emotional stress they are going through.
In addition, the court can also award punitive damages to the close ones of the person who passed away. However, the court can only award punitive damages after considering the situation in which the person lost their life wrongfully.
Such damages are awarded in the case when the defendant was using egregious actions or was engaging irresponsibly, leading to the other person’s death. The idea behind it is to punish the defendant, so they refrain from these actions the next time.
Speak to a Wrongful Death Lawyer in Georgia:
We understand the pain and suffering that you have to go through after losing a close one due to wrongful death. Therefore, the attorneys at Humphrey & Ballard are here to help you with a wrongful death case in Georgia for your loved ones.