The untimely death of a loved one can impose significant emotional and financial burdens on their family. When a family member is lost, not only do they face the heartache of losing someone they cared deeply for, but they may also suffer monetary losses, especially if the deceased was the primary source of income.
In cases where the family decides to file a wrongful death claim, they often seek out the legal process of obtaining compensation from the responsible party or their insurance company. If the initial settlement offer is insufficient, it may lead to a civil lawsuit to ensure fair compensation.
In this article, we will break down the types of monetary compensation available for both economic and non-economic damages, helping you understand how to obtain the fair settlement you deserve, by seeking out the legal representation of a personal injury attorney.
Types of Damages Available in Wrongful Death Claims
Economic Damages
While the loss of a spouse, child, or parent, or other loved one is irrevocable, families can seek compensation for the financial hardship associated with that loss. Economic damages, also referred to as special damages, measurable damages, or compensatory damages, are the monetary losses incurred due to the death of a loved one. If the deceased was the primary breadwinner, those who depended on their income are typically the recipients of these damages. Below are some significant types of wrongful death damages you may be eligible to claim based off financial statements:
Medical Bills
Medical expenses incurred for the deceased prior to their passing constitute an economic loss. This includes costs for emergency services, hospital bills, rehabilitation, and any ongoing medical care required before their death. Families can seek compensation for these medical costs as part of their wrongful death lawsuit.
Funeral and Burial Expenses
Funeral expenses and burial costs can place a substantial financial burden on grieving families. These funeral costs, which may include service fees, burial plots, and cremation costs, are recoverable through a wrongful death lawsuit, allowing families to receive compensation for these necessary arrangements.
Lost Wages and Loss of Benefits
Lost wages, or loss of income, refers to the future earnings that the deceased person would have earned had they lived, including any associated benefits such as health insurance, retirement contributions, and bonuses. This financial loss can significantly affect the surviving family members, making it essential to seek compensation for these damages.
Punitive Damages
Although not strictly economic, punitive damages may also be pursued in wrongful death cases. These damages aim to punish the responsible party for particularly reckless or egregious behavior. Punitive damages are not directly linked to a specific financial loss but serve as a deterrent against similar conduct in the future.
Understanding the various types of compensatory damages available in a wrongful death claim is crucial for families seeking justice and financial recovery after a tragic loss. If you believe that your loved one's death resulted from someone else's negligence, consulting with an experienced wrongful death attorney can help ensure you receive the compensation you deserve.
Non-Economic Damages
Non-economic damages, also known as general damages, refer to the emotional and psychological toll experienced after the loss of a loved one in a wrongful death lawsuit. These intangible losses are crucial to consider, as they can significantly affect the beneficiaries' quality of life and overall well-being.
The complexities surrounding wrongful death often lead to profound emotional turmoil for surviving family members. Here are some common types of non-economic losses you may be able to claim:
Emotional Distress
The emotional suffering that follows the loss of a loved one can lead to various mental health challenges, including anxiety, depression, trauma, and more. Through a wrongful death lawsuit, families may seek compensation for the emotional distress caused by this profound loss.
Pain and Suffering
If the deceased endured significant pain and suffering prior to their death, their family may be entitled to compensation for those experiences. This aspect of non-economic damages acknowledges the physical and emotional hardships faced by the deceased before passing.
Family members may claim damages for their own pain and suffering resulting from the loss of their loved one. This can include emotional pain, grief, loss of companionship, and the disruption of family life.
This is also where loss of consortium comes into play as a key element of wrongful death settlements. Those surviving after a loved one has wrongfully passed can be compensated for the loss of guidance that they may be experiencing after the death of their loved one.
Mental Anguish
The psychological impacts of grief can be severe, manifesting as emotional trauma, fear, and despair. These feelings are comparable to physical pain and can be considered when presenting your case to a judge and jury, allowing families to seek compensation for their mental anguish.
Loss of Enjoyment of Life
The loss of a loved one often results in a decreased quality of life for those left behind. Surviving family members may find it challenging to engage in activities and experiences that once brought them joy, as they can no longer share those moments with the deceased. This loss of enjoyment of life is a valid component of non-economic damages in a wrongful death lawsuit.
Understanding non-economic damages is essential for families seeking justice and financial recovery after a tragic loss.
If you believe your loved one's death was caused by another's negligence, consulting with an experienced wrongful death attorney can help ensure that all aspects of your loss are considered in your claim or wrongful death lawsuit.
Contact Hines Law Firm Today for a Free Consultation!
If you're seeking a wrongful death lawyer in Georgia, it's essential to choose a team of experienced attorneys with extensive experience in handling these sensitive cases.
There are a lot of different scenarios that can lead to a wrongful death personal injury claim. Whether its' because of a fatal workplace accident, an automobile accident, or the negligent conduct or criminal behavior of someone, the emotional toll of a wrongful death lawsuit can be daunting and overwhelming.
At Hines Law Firm, we understand the challenges you face during this difficult time. Our dedicated attorneys are committed to managing all the tough decisions for you, ensuring consistent communication throughout the entire legal process, and providing full transparency as we work to recover the monetary damages you deserve from the party responsible.
With decades of experience serving Georgia, Hines Law Firm offers compassionate legal support during challenging times and a proven track record of success. We operate on a contingency fee basis, meaning you won’t pay any legal fees unless we secure compensation for you.
Contact our law offices today to schedule your free consultation and get expert opinions from one of our knowledgeable wrongful death lawyers to see if you want to pursue legal action. We are here to support you every step of the legal process and will follow up promptly once you submit your information. Don't hesitate - depending on the reason for wrongful death lawsuit, there may be a statute of limitations to file a claim against the negligent party.
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