Mark Casto

Understanding Georgia Wrongful Death Claims

A wrongful death claim in Georgia can be complicated and confusing.  There are unique areas of these claims that can cause detrimental pitfalls to the full value of case.  A wrongful death in Georgia can be generally defined as a claim which arises out of an event in which a family member dies from injuries sustained as a result of the negligence of another such as a car wreck or tractor trailer wreck.  It is most important to understand that there are two separate and different claims when there has been a wrongful death.  

First is commonly known as “the wrongful death claim”.  The second is commonly known as “the Estate Claim”.

  • The Wrongful Death Claim: This is the claim for the value of the life of the deceased person.
  • The Estate Claim: This is the claim that is for the expenses the Estate has incurred resulting from the injury and death, as well as pain and suffering.

What Can Be Recovered In A Wrongful Death Case?

For the wrongful death claim, the compensation amount to recover is calculated by determining the full value of the life of the deceased family member.  This can become very complex and much can be lost if not considered carefully.  I general, there are two categories of loss that will factor in on the determination of the value of one’s life.  The first is all economic loss due to the early negligent termination of his or her life.  This economic loss valuation can include: wages and income earnings of the deceased, expected future earnings of the deceased, retirement investments, savings accounts and the like. 

The second category in the determination of the value of one’s life is the non-economic loss. This would be what many know of as “Pain and Suffering”, but it is more than just that.  It is the loss of enjoyment of the rest of the deceased person’s full expectancy of life.

The Estate claim always includes the expenses associated with the injury and death of the person; including, but not limited to: ambulance charges, hospital expenses, medical treatment expenses, burial and funeral costs.  Essentially, this could include any out of pocket expenses resulting directly from the negligent event which caused the injury and death.

The Estate may also have a claim for the pain and suffering inflicted on the deceased upon being injured and before death.  This issue is often complicated and complex and requires detailed investigation into each claim.  Some cases are easier than others on this issue and some require factual analysis of the event combined with medical analysis of the healthcare after the event. 

Here at The Mark Casto Law Firm, have the unique experience and expertise that we provide our clients with the compassion for our clients and the surviving loved ones and the necessary knowledge, experience and aggressiveness to properly advance the wrongful death claim for the maximum recovery in such a tragic event.

Do you feel like you have an appropriate wrongful death case? Give us a call, today (706) 940-4002!

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