What Is the Average Wrongful Death Settlement in Georgia?

Seeking an average wrongful death settlement in Georgia will not help you better understand your case or its possible value. Each wrongful death claim has unique qualities, and the payout can vary widely based on the facts of the case. From your loved one’s final medical expenses to the impact their death has on your family’s well-being, your wrongful death settlement should address your family’s losses, not an average settlement value.

To ensure you pursue fair compensation based on your family’s losses and the loss of your loved one, you should work with a wrongful death lawyer. They will fight for the money you and your family deserve. They offer you legal representation when recovering compensation for the economic and non-economic losses you have suffered. 

Recoverable Damages in a Georgia Wrongful Death Case

Under O.C.G.A. § 51-4-2, immediate family members—usually a spouse, children, or parents—can pursue a wrongful death claim for the “full value of the life of the deceased.” These economic and non-economic damages include expenses and losses incurred because of the death. This could include: 

• Economic Damages: Lost income, loss of benefits, and loss of services they previously provided
• Non-Economic Damages: Loss of companionship, loss of enjoyment of life, and other intangible losses suffered by immediate family members

Estate Claim Damages

The second type of claim possible, also known as a survival action, is brought by the estate and is essentially a personal injury claim that “survives” the decedent’s death. If the decedent did not die immediately from the wrongful death act, the estate is able to recover for the pain and suffering the decedent incurred up until the time of death. Under O.C.G.A. § 51-4-5, the executor of the victim’s estate can seek compensation for any financial losses incurred because of the accident and death. These damages often include the following: 

• Medical bills
• Funeral costs and burial expenses
• Vehicle repairs
• Related expenses

Typically, the family’s wrongful death claim and the estate claim are filed together under a wrongful death lawsuit. However, it is important that both claims be thoroughly compiled so that all damages in the wrongful death case are included. 
 

What Factors Could Affect a Georgia Wrongful Death Settlement?

Many factors affect the outcome of a Georgia wrongful death case. This includes economic, non-economic, and legal factors that could alter settlement negotiations and affect the settlement value. These factors could include: 

• The Unique Case Facts: The primary driver of how much a case might be worth is the damages incurred. For healthy victims in the prime of their lives with good earning potential, this could equate to a larger financial recovery than for a retired senior citizen with no dependents.
• How Long They Fought to Survive: When someone suffers catastrophic injuries, they could survive for days, weeks, or even longer before ultimately passing away from a related cause. When this occurs, the estate may claim medical care costs, funeral expenses, and pain and suffering damages for the victim’s physical and emotional suffering prior to their death. This can substantially increase the settlement.
• Insurance Coverage Available: Sometimes, a settlement is limited by the available insurance coverage. If the defendant has limited assets or insufficient insurance, this could stop your family from recovering the full range of damages you incurred.
• The Strength of the Evidence: Strong evidence of the defendant’s carelessness or recklessness could lead to a larger settlement. Conversely, weak evidence or disputed negligence claims could reduce the settlement. Your attorney may call in economic experts or other professionals who can bolster your case when necessary.
• Your Lawyer’s Negotiation Skills: Your attorney will use proven negotiation techniques to pursue and reach a fair agreement with the insurance company or liable party. Their skill in building a case, navigating the legal process, and securing an agreement plays a role in getting maximum financial compensation. 

The Type of Case Could Affect the Payout

Wrongful death actions could be based on almost any type of fatal accident or incident caused by someone else’s negligence. However, some types of injuries often bring higher payout amounts than others. 

Some common accidents that support wrongful death settlements include: 

• Vehicle accidents
• Truck accidents
• Construction accidents
• Medical malpractice injuries
• Nursing home abuse injuries
• Premises liability accidents

Georgia’s wrongful death statutes are written to provide you and your family with fair compensation for your loss. However, you will want to work with a wrongful death lawyer to ensure you have every advantage when fighting for the maximum compensation possible. 

How a Wrongful Death Attorney Can Help You Recover Maximum Compensation

The potential value of a wrongful death settlement in Georgia depends heavily on a combination of personal, financial, and legal factors. Each case is unique, so there is no such thing as an average wrongful death settlement in Georgia. How do you know how much your case might be worth?

The best option is to work with an attorney who handles these cases regularly. They will know how to identify and document your family’s recoverable damages and pursue the compensation your family deserves to recover.. Like you, their aim is to get justice by holding the at-fault party or parties accountable and securing a financial recovery. 

You can count on your wrongful death lawyer to fight for your family’s best interests, including the maximum payout possible based on your case facts, the available insurance coverage, the strength of your case, and other factors. They can help you understand the potential value of your case and ensure you do not leave any money on the negotiating table.

 

What Should I Do If I Lost a Loved One to a Georgia Wrongful Death?

If your loved one passed away due to someone else’s negligence, you should contact an attorney to better understand your rights. You have options for seeking a fair payout. Under Georgia’s statute of limitations, O.C.G.A. § 9-3-33, you must file your wrongful death lawsuit within two years of your loved one’s passing. Act quickly to protect your family’s right to justice. 

Discuss Your Georgia Wrongful Death Case With Our Team

If you lost a loved one, the Law Office of Dwayne L. Brown can help. We are here to assess your options and provide advocacy and support. Our Georgia wrongful death attorney can pursue justice on behalf of you and your loved one. 

Contact us today to learn more about our 30 years of legal representation and your next steps in this process.