There is no average wrongful death settlement in Georgia. Compensation amounts vary greatly depending on the specifics of each case. That said, payouts typically range between $500,000 and $3,000,000.
The unexpected loss of a family member can lead to all kinds of unexpected expenses, and pursuing a wrongful death claim can be stressful, especially if you are still grieving the loss of a loved one.
An Atlanta wrongful death lawyer from John Foy & Associates can handle your claim and help ensure you receive a fair settlement.
What Is the Average Settlement for Wrongful Death in Georgia?
Since every case is unique, there is no average settlement for wrongful death in Georgia. Settlement values can range from tens of thousands to several million dollars depending on the deceased’s age, earning capacity, and number of dependents, as well as the circumstances surrounding their death.
A lawyer from John Foy & Associates can review your case and estimate its potential value.
What Factors Determine the Value of a Wrongful Death Claim?
Several factors will dictate the value of your wrongful death case, including:
- The deceased‘s age: A claim involving a younger victim generally yields a higher payout than one involving an older, retired individual.
- Income and earning capacity: Current wages, future promotions, bonuses, benefits, retirement contributions, and expected career growth can all affect the value of your claim.
- The deceased’s role within the family: The loss of financial support, household services, childcare, guidance, and companionship can all be factored into your settlement.
- Available insurance coverage: Even if your damages are significant, the amount of available insurance coverage or the defendant’s financial resources may limit the amount of compensation you can recover.
- Whether liability is shared: If the deceased was partially at fault for the accident, your recovery may be reduced in accordance with Georgia’s modified comparative negligence rule.
Calculating the value of your wrongful death claim can be challenging, especially when it comes to estimating your future losses. An attorney from John Foy & Associates can determine your claim’s value and help make sure insurers don’t diminish it.
How Georgia Calculates Wrongful Death Damages
Under Georgia law, you can seek compensation for the “full value” of your loved one’s life through a wrongful death claim, alongside pre-death medical and funeral expenses through a separate estate claim.
Recoverable damages generally include:
- Economic damages: You may receive compensation for the deceased’s lost future earnings, employment benefits, retirement income, and the value of household services they would have provided.
- Non–economic damages: You can be compensated for intangible losses such as loss of companionship, loss of guidance, and the deceased’s loss of enjoyment of life.
A wrongful death lawyer from John Foy & Associates can help make sure your settlement accounts for all of your losses.
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What Types of Evidence Can Strengthen Your Claim?
Strong evidence can make a significant difference when negotiating a wrongful death settlement.
Important types of evidence may include:
- Police reports
- Accident reconstruction reports
- Witness statements
- Surveillance footage
- Medical records
- Autopsy reports
- Employment records
- Tax documents
- Expert testimony
- Photographs and videos
- Cell phone records
- Company safety records
- Vehicle data from commercial trucks
The team at John Foy & Associates can help collect evidence that increases the value of your wrongful death settlement.
Who Can File a Wrongful Death Claim in Georgia?
Under Georgia law, the right to file a wrongful death claim belongs to certain surviving family members in a specific order.
Those who may be able to bring a claim include:
- A surviving spouse: The spouse generally has the first right to pursue a wrongful death claim and may also represent the interests of surviving children.
- The deceased‘s children: If there is no surviving spouse, the deceased’s children may have the right to bring the claim.
- The deceased‘s parents: If the deceased had no spouse or children, the parents may be able to pursue compensation.
- The estate representative: If there is no eligible spouse, child, or parent, the right to file a claim generally falls to the personal representative of the deceased’s estate.
An attorney from John Foy & Associates can assess your case and explain who has the right to bring a claim.
How Long Does a Wrongful Death Case Take?
Every wrongful death case is different. Some settle within a few months, while others take years to resolve.
Your case’s timeline will hinge on several factors, such as:
- Whether fault is disputed
- The number of parties involved
- The amount of damages you claim
- The willingness of insurance companies to negotiate
- The need for expert witnesses
- Whether the case goes to trial
A lawyer from John Foy & Associates can help move your case along without compromising your settlement.
Do Most Wrongful Death Cases Settle?
Yes, most wrongful death cases are resolved through settlements. This allows families to receive compensation without the uncertainty and stress of a courtroom battle.
However, if the insurance company doesn’t offer a fair settlement, a lawsuit may become necessary, which is why it’s important to work with an experienced attorney.
Speak to a Wrongful Death Attorney
The value of your wrongful death settlement can have a significant impact on your family’s future. If you need help with a claim, a wrongful death attorney from John Foy & Associates can calculate your damages, negotiate with insurers, and help make sure you receive fair compensation.
Book a free consultation to learn more about the value of your claim.
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