Ask An Atlanta Personal Injury Lawyer: I have a wrongful death claim. What can I expect from my settlement?

Published September 22nd, 2012 in Blog, Wrongful Death

Pursuing a wrongful death claim is an emotional and difficult time.  Maybe the worst part of it all is needing to worry about the legal aspect of it.  I know it can get pretty rough, so I provided some basic information on wrongful death claims awhile back so that you might be more informed about the whole process.  But, because wrongful death claims can get so complex and dense, I wanted to talk about one of the most frequently asked questions I get: What will my settlement look like?

Unfortunately, we can’t ever guarantee a certain number at the end of the road, and there are a lot of factors that go into play in wrongful death claims.  However, I can tell you that in Georgia, there is no limit on the amount that can be awarded, and the amount is usually decided upon by a jury.

Some aspects to consider in a wrongful death claim are:

  • Pain and Suffering.  This is considered in most personal injury lawsuits, and in wrongful death claims it may be relevant if it is believed that the victim suffered before his or her death.
  • Punitive Damages.  Punitive damages can be factored into your claim if it is evident that the liable party acted with ill will, extreme neglect, or fraud.
  • Full Value of the Life of the Decedent.  This is actually required by Georgia Law.  What this is means is they will assess a monetary value to the life of the victim had he or she still be alive.  For example, lifetime earnings and loss intangibles contribute to determining the full value of the life of the decedent.

If you have lost a loved one in an accident, please contact our attorneys at 770-837-3207.  At Kim & Scherer, we understand what a difficult time this is for you, and legal troubles is the last thing on your mind.  If you are looking for immediate information, please consult our blog.

Category: Blog, Wrongful Death