The loss of a loved one is always tragic. When the tragedy is caused by another’s negligent or intentional misconduct, the victim’s family is entitled to compensation. Although no amount of money can bring back a loved one, the tragedy of such a loss is only compounded if the victim’s family members-who may have relied upon the victim for financial, spousal or parental support-recover less than they deserve. The attorneys of Fried & Bonder have the expertise to assure that wrongful death claimants get everything to which they’re entitled.
Georgia’s wrongful death statute, O.C.G.A § 51-4-1, permits the spouse or child of a wrongful death victim to sue the at-fault party for money damages. The plaintiff(s) must prove that the defendant owed the wrongful death victim a duty of care, breached that duty, and—due to the breach of that duty—caused the victim’s death.
If a plaintiff successfully proves a wrongful death claim, the jury will calculate damages equal to the value of the victim’s life. Juries take a variety of factors into consideration including:
- The victim’s pain and suffering after the injury but before death
- Medical costs
- Funeral costs
- Lost future earnings
- Emotional suffering to you and your family
In the case of lost future earnings, the court awards the "discounted present value" of the victim’s future earnings. The discounted present value is a fixed amount of money that is estimated, with the accumulation of future interest, to equal the full amount of the victim’s lost future earnings. Courts have determined that this is the fairest way to calculate future lost wages in wrongful death cases.
