Average Wrongful Death Settlement in Georgia (2024)

The unexpected and unfair loss of a loved one is an unimaginable tragedy, especially when it occurs due to the fault of another party. It can be hard to think about legal action in a time like this, but it may be essential to supporting your family financially during this tragic and heartbreaking time. Attorney Stephen LaBriola understands that a crucial component of this process is to understand the average wrongful death settlement and influential factors in Georgia.

From the severity of the incident to the relationship between the deceased and the claimants, various elements can impact a wrongful death settlement amount. There is not an accurate specific monetary number that is the average of all wrongful death settlements in the state as each case is highly individualized and unique, requiring a specific look into the factors that influence each case.

What Factors Contribute to a Wrongful Death Settlement Amount

Many factors contribute to a wrongful death settlement amount. At Fellows LaBriola LLP, we understand that navigating these elements is vital for families who are seeking compensation and justice for their loss. Below are key components that may impact a wrongful death settlement amount:

• Circumstances of the Death: The nature of the incident that led to the wrongful death can greatly impact the settlement amount. This can include car accidents, medical malpractice, workplace accidents, and defective products.
  The degree of negligence or wrongdoing that was involved in the case is very important because if the defendant’s actions were intentional or severely negligent, this may lead to a higher settlement as they may be charged with punitive damages.
• Economic Damages: The specific economic damages that were incurred due to the deceased’s passing can influence settlement amounts because the courts hope to cover the specific losses you may have faced. This can include medical expenses, funeral costs, lost wages, and lost income.
• Non-Economic Damages: Non-economic damages like pain and suffering and loss of companionship are also reviewed when determining settlement amounts. Claimants can be compensated for their emotional distress as well as their financial stress.
• Relationship to the Deceased: The level of relationship with the deceased can impact settlement amounts. In general, the closer the relationship with the claimant, the higher the amount of compensation may be awarded due to the significant emotional and financial impact.
• State Laws: Laws can play a massive role regarding wrongful death claims. Legal frameworks can affect the amount of compensation that can be awarded.
• Insurance Policies: The defendant’s insurance policies can have an impact on settlements. If the defendant has minimal insurance coverage, this can limit the total amount that is recoverable.
• Viable Evidence and Testimony: Having viable evidence to support your claim can help to support a higher settlement as there is proof of all damages.
• Negotiation and Legal Representation: The presence of a qualified and skilled wrongful death lawyer can influence settlements. If the lawyer is an effective negotiator and litigator, a larger settlement may be accessed.

The amount of a wrongful death settlement is greatly influenced by many key factors. Understanding these factors can help claimants better navigate the legal process and advocate for their rights and fair compensation.

FAQs

Q: What Is the Wrongful Death Cap in Georgia?

A: In Georgia, a wrongful death cap refers to the maximum amount of damages that can be awarded in a wrongful death claim and while there is not a specific cap, the amount awarded in a given case will reflect the total damages suffered by the surviving loved ones who are pursuing the legal action. Damage recovery seeks to cover economic and non-economic losses. These could include medical expenses, funeral expenses, pain and suffering, and other relevant factors.

Q: What Are the Damages for Wrongful Death in Georgia?

A: In Georgia, damages for wrongful death are typically categorized into two main types, economic and non-economic damages. Economic damages include the monetary losses that resulted from the wrongful death including medical expenses, lost income, loss of financial support, and funeral costs. Non-economic damages include subjective and intangible losses like emotional and psychological distress due to the wrongful death and pain and suffering.

Q: Is a Wrongful Death Lawyer Helpful?

A: Yes, a wrongful death lawyer can be incredibly helpful for families that are navigating the complex legal landscape of a wrongful death claim following a loved one’s death. Lawyers can assess the specific details of the case and provide individualized advice and support on how to move forward to secure fair compensation for the losses incurred by the wrongful death. If you are looking to file a wrongful death claim, consider meeting with a lawyer to receive guidance.

Q: How Much Is a Wrongful Death Lawyer in Georgia?

A: How much a wrongful death lawyer in Georgia is depends on the unique factors that impact individual cases. These factors can include the lawyer’s experience level, the complexity and nature of the case, the specific fee structure they use, and the time needed to complete the case. It is essential to clarify financial expectations with your lawyer during the first meeting to ensure all parties are aligned and to avoid any surprises down the road.

Q: Are Wrongful Death Settlements Taxable in Georgia?

A: Wrongful death settlements may be taxable in Atlanta, Georgia depending on the nature of the specific damages awarded. Punitive damages may be taxable, whereas economic and non-economic damages are generally not. Due to the complexity of tax laws that impact wrongful death settlements, it is important to get help from a legal professional to navigate the specifics of your situation.

Speak With a Trusted Wrongful Death Lawyer Today

Processing through the tragic loss of a loved one who passed due to a wrongful death can be a stressful and sensitive process. It is essential that as you navigate the emotional loss of your loved one, you receive the legal counsel and care that you need during this time. Set up an initial consultation with Attorney Stephen LaBriola to learn how trusted legal support can guide you through this complex and difficult process.