What Are The Types Of Wrongful Death Benefits?

Losing a loved one unexpectedly can leave a hole in your life. When someone dies due to someone else's negligence or wrongdoing, family members can sue for monetary damages under wrongful death laws. These damages may include past and future losses like medical bills, funeral costs, and future economic contributions to the family's household. If you're wondering what types of wrongful death benefits are available, keep reading.

Wrongful death claims are similar to personal injury claims, except that the injured person has passed away. These claims can result from different types of incidents such as medical malpractice, car accidents, bicycle accidents, premises liability accidents, workplace injuries, and more. To win a wrongful death lawsuit, you must prove that the defendant owed the deceased a duty of care, breached that duty, and that the breach caused the harm suffered by the decedent.

There are three types of wrongful death damages: economic, non-economic, and punitive. Economic damages have a specific dollar amount and can include funeral expenses, burial expenses, medical expenses related to the fatal injury, and the loss of future earnings. Non-economic damages are tougher to calculate and include mental anguish, pain and suffering, loss of companionship, and loss of guidance, care, advice, and nurturing. Punitive damages are meant to punish the defendant for especially bad or careless behavior and discourage them and others from doing the same thing.

Georgia courts give money for pain and suffering based on what the victim went through. A jury could decide if punitive damages are awarded. In Georgia, families who have lost a loved one because of someone else's wrongdoing cannot get punitive damages. However, punitive damages have been given in Georgia wrongful death cases brought by the person in charge of the victim's estate because of the pain and suffering the accident caused.

Wrongful death damages can be awarded to spouses, children, and parents. Typically, spouses can claim the loss of companionship and emotional trauma caused by the death. Minor children can get money for the comfort and support they would have obtained from their parents before they died. Parents of a child under 18 who has died can also get money for their emotional pain and losing their relationship with the child. Parents of an adult child usually cannot.

The wrongful death statute of limitations in Georgia is two years. That means you have two years from the date of the fatal injury of the person who died to file a wrongful death claim. If you believe that you are entitled to wrongful death benefits, it's important to hire a wrongful death lawyer to help you navigate the legal process and ensure that you receive the compensation you deserve.