Calculating Damages Following an Atlanta Wrongful Death Case
In the State of Georgia, a wrongful death is the death of an individual as a result of the negligent, reckless, or criminal acts of another person or entity. A compassionate wrongful death attorney can be an ally to the decedent’s family. Once your claim has been presented, a compassionate wrongful death attorney can help you prepare for calculating damages following an Atlanta wrongful death case.
They will be available to answer any questions or to speak with them about their grief or anguish. A compassionate attorney is a counselor who not only pursues the case, but understands the sorrow and seeks to provide comfort and strength.
Wrongful Death Defined
The term wrongful death is a legal term that describes a case brought against a person or entity for negligent acts that caused a death. For there to be a civil case arising from a death, the claimant must be able to prove the at-fault person or entity acted in some wrongful manner. It could be that they acted in a negligent manner or failed to meet another standard that may apply. For example, a professional negligence case is when someone failed to act in accordance with the standard of care applicable to their profession.
Analyzing Loss of Income and Companionship
The factors juries consider when calculating damages following an Atlanta wrongful death case are both the economic and noneconomic losses. Economic losses include lost wages and medical expenses. Noneconomic losses include the loss of years of life and the experiences associated therewith.
An economist will consider many factors when analyzing the loss of income. Many people do not realize that income beyond simple wages are also a part of the lost income calculations. This can include such as bonuses and fringe benefits. The loss of companionship is a complex loss to calculate. It also is not a loss that arises in every case as it is not a compensable loss per se. The Wrongful Death Law in Georgia awards damages to the surviving family or representative for losses the decedent suffered. However, a surviving spouse can seek to recover for loss of consortium.
How is Evidence Gathered in a Wrongful Death Case?
Oftentimes, calculating damages following an Atlanta wrongful death case requires gathering relevant evidence. The distinction between personal injury case evidence is that in a wrongful death case, the individual who potentially had the most information is no longer alive. The gathering of information in a wrongful death case is accomplished through a much broader investigation to cope with the inability of the victim to provide a first-hand account of what happened.
Importance of Speaking with an Attorney
An attorney can help you begin calculating damages following an Atlanta wrongful death case to propose in court. Once you have an understanding of what a jury is likely to do and the risks and benefits of trying the case, they can analyze what a potential appropriate settlement value may be in the event that the defendant or the defendant’s insurance company is willing to settle prior to a trial. It is best to speak with an attorney who is familiar with wrongful death cases as these cases are very complex and knowledge of how to handle them only comes with experience.