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Law Offices of Shane Smith

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Q
What are factors in a wrongful death settlement?

A

The factors in a wrongful death settlement will depend on the circumstances surrounding the accident and the types of damages that have been suffered. To learn more about your right to file a lawsuit if you have lost someone you love as a result of negligence, contact a Georgia injury accident law firm.

Factors in a Wrongful Death Settlement

The cause of the accident and fault of each party will be considered. If the victim had contributed to the accident, and his or her fault is deemed 50 percent or greater, then the surviving family members may be unable to recover damages. If the fault of the deceased is below 50 percent, then the damages will be awarded but may be reduced by the percentage of fault.

Other factors considered in settlements are expenses such as the medical expenses related to your loved one’s fatal injuries. For instance, if there was a crash on the Downtown Connector and it resulted in your family member being transported to a hospital by an emergency vehicle, resultant costs are included in a claim.

If he or she was rushed into surgery and tragically died as a result of complications from the injuries, the cost for the surgery and hospitalization may also be included in medical expenses.

Meanwhile, if you or others in the family were financially dependent on the deceased, then the earnings you are without could be a factor in a claim, too.

The earnings you are without are considered:

  • medical benefits;
  • a 401(k) plan; and
  • other financial losses.

Seeking Help from a Georgia Injury Accident Law Firm

Other damages could be included in the claim as well, and establishing fault of the negligent party requires evidence to back up the claim. The Law Offices of Shane Smith can help families dealing with these cases. We will look at all possible factors in a wrongful death settlement. Call 888-927-6955.

Shane Smith
Advocate for the Seriously Injured in Georgia