How Are Wrongful Death Settlements Calculated?
Losing a loved one is an indescribable hardship, and it’s even more painful when their death results from someone else’s negligence or intentional actions. For families in Columbus, GA, understanding how wrongful death settlements are calculated is essential for securing the financial compensation and justice your family deserves.
What Is a Wrongful Death Settlement?
Definition and Legal Basis
In Columbus, GA, a wrongful death claim can be a powerful remedy when a loved one’s death is caused by the negligence, recklessness, or intentional actions of another party. These claims are governed by specific statutes that provide the legal framework for pursuing damages.
The primary purpose of these laws is to compensate the surviving family members for their loss, ensure financial stability, and acknowledge the emotional suffering they have endured. A wrongful death claim may be brought by the deceased’s surviving spouse, children, or parents. If none of these parties exist, the executor of the deceased’s estate may file a claim.
Common Causes of a Wrongful Death
A wrongful death can result from a variety of circumstances. A frequent cause is medical malpractice, where negligence by healthcare professionals leads to a patient’s death. Car accidents are another major contributor, and these cases often involve driver negligence, such as distracted driving or failure to follow traffic laws. DUI vehicle collisions, where drivers operate vehicles under the influence of alcohol or drugs, lead to hundreds of fatalities in Georgia every year.
Workplace incidents, particularly in hazardous industries such as mining, oil drilling, and construction, also result in fatal injuries. Given the rural nature of many Georgia communities, it’s not surprising that farm accidents contribute to a large number of wrongful death cases in the state.
Acts of violence such as assault, robbery, and homicide are another tragic cause of wrongful deaths. Truck accidents involving large commercial vehicles can have devastating consequences due to their size and weight. When trucking companies refuse to hire qualified drivers or fail to provide adequate maintenance and regular inspections, these businesses may be liable for deaths and injuries.
Defective automobiles and other types of faulty products have led to thousands of avoidable fatalities over the years. Unfortunately, the American automobile industry has an appalling history of trying to evade responsibility for dangerous vehicles and components instead of just fixing the problem as soon as it’s discovered.
Key Factors in Calculating Wrongful Death Settlements
A major factor in calculating wrongful death settlements is the degree of negligence or misconduct involved. Cases with clear evidence of gross negligence often result in higher settlements. The age and earning potential of the deceased also play a powerful role—younger victims with a high earning capacity tend to attract larger settlements due to the projected financial support they would have provided over their lifetime.
When pursuing a wrongful death claim in Columbus, GA, several key legal considerations must be considered. For example, the statute of limitations is crucial. In Georgia, you typically have two years from the date of death to file a wrongful death lawsuit.
The quality of the evidence presented, such as medical records, expert testimonies, and accident reports, is likely to have a significant impact on the final settlement. Another important element of a wrongful death case is proving negligence or intentional harm. This requires demonstrating that the defendant owed a duty of care to the deceased, breached this duty, and caused the death as a result. The law in Georgia recognizes both economic and non-economic damages.
Economic Damages
Economic damages in wrongful death settlements are intended to compensate for the financial losses incurred due to the deceased’s untimely passing. These damages include medical and funeral expenses, which can be substantial. For example, hospital bills and specialized medical treatments leading up to the death can accumulate quickly. Funeral and burial costs also add to the financial burden.
Loss of support is another critical component, addressing the financial assistance the deceased provided to dependents. Family members can claim loss of income and benefits, reflecting the earnings the deceased would have contributed to the household. This includes current and future earnings, considering salary, bonuses, and potential career advancements. The goal is to provide the family with a financial amount that reflects the monetary support they have lost due to a loved one’s death.
Non-Economic Damages
Non-economic damages in wrongful death settlements address the intangible losses that the surviving family members endure. These damages are often more difficult to quantify than economic damages, but they have a huge impact on the lives of the victim’s survivors. Courts may consider various factors, such as the age of the deceased and the suddenness of the death.
Assessing damages for pain and suffering involves focusing on the emotional and psychological impact endured by surviving family members. The grief, mental anguish, and loss of companionship experienced by those left behind are difficult to quantify, but they must be addressed.
The relationship between the deceased and the survivors can influence non-economic damages, as closer familial bonds might result in higher compensation for pain and suffering. Another aspect is the loss of companionship, which refers to the deprivation of the deceased’s presence, guidance, and affection. In wrongful death cases, loss of consortium is only available for spouses in Georgia. This recognizes the impact on the marital relationship and the loss of love, intimacy, companionship, and support.
Expert testimonies from psychologists or counselors might be used to substantiate wrongful death claims. The goal is to provide a monetary value that reflects the profound emotional toll the loss has taken on the family. Ensuring that these considerations are thoroughly evaluated helps achieve a settlement that acknowledges the full extent of the family’s suffering, offering some measure of solace in a time of profound grief.
Punitive Damages
Punitive damages in wrongful death settlements are not intended to compensate the family for their loss. Instead, punitive damages are designed to punish the defendant for particularly egregious or reckless behavior. In Georgia, punitive damages are awarded when the defendant’s actions demonstrate willful misconduct, malice, or gross negligence. A major goal is to deter similar conduct in the future and to send a strong message about the consequences of such behavior. Punitive damages are not applicable in all wrongful death cases but can significantly impact the total settlement amount.
Examples of Wrongful Death Settlements
Butler Prather LLP’s Wrongful Death Case Against Ford Motor Company
In one highly-noted case, a jury in Gwinnett County, Georgia, awarded $1.7 billion in punitive damages to Kim and Adam Hill for the deaths of their parents. The defendant in this case was Ford Motor Company, which sold millions of Super Duty Trucks with a dangerously weak roof that was susceptible to collapsing in rollover accidents. Bulter Prather LLP proudly represented the Hills in this lawsuit.
Average Settlement Amounts
It’s impossible to calculate the average settlement in Georgia wrongful death cases because many of these cases are subject to non-disclosure agreements. Depending upon the unique circumstances of a case, settlement can range from several thousands of dollars to millions of dollars and, in some cases, over a billion dollars.
Call Now to Discuss Your Case With a Columbus, GA, Wrongful Death Attorney
For over 30 years, Butler Prather LLP has been getting justice for people who have lost loved ones due to wrongful death. We will review your case and advise you on the best legal strategy moving forward. Butler Prather LLP stands by our clients and vigorously advocates for your rights throughout the legal process.
Call (706) 322-1990 to schedule a free consultation with our wrongful death lawyer in Columbus, GA.