Damages in a Georgia wrongful death claim are calculated as if the victim had survived. In other words, the court calculates damages as losses sustained by the victim. Though the wrongful death claim is filed by surviving family members, the court views the family as the victim's representatives.
Georgia's wrongful death decedent perspective means the victim's family cannot recover damages for their own emotional harm or for the support they would have otherwise received from the victim. Georgia courts award pain and suffering compensation based on what was experienced by the victim. Clayton County wrongful death attorney Shane Smith represents families who have lost loved ones in auto accidents, truck accidents and DUI accidents.
Georgia juries in wrongful death claims may consider the victim's life, age, health, business situation, activities and other facts relevant to the case. Jurors may also consider the victim's expected earnings during the duration of his working lifetime, his medical benefits or retirement/pension that would have been accrued, any expected inheritance he had not yet received and the victim's physical or mental suffering endured prior to death as a direct result of his injuries.
Additionally, a jury may decide whether punitive damages are relevant. These are financial awards that serve to punish the wrongful or negligent party for its behavior. Punitive damages may not be awarded in Georgia wrongful death cases to surviving family members. However, punitive damages have been awarded in Georgia wrongful death cases that were brought by an estate's administrator associated with the victim's accident-related pain and suffering.
You should hire an experienced Clayton County wrongful death attorney if you will file a lawsuit on behalf of a family member who died due to another's negligence. Call the Law Offices of Shane Smith at 770-HURT-999 for a free consultation.