The following is a guest post by Atlanta personal injury attorney Bruce Hagen:
Did you know that if your family member’s life is suddenly taken by the reckless or malicious conduct of someone else, you can file a wrongful death lawsuit, and may be entitled to financial compensation? There are two major types of damages you can receive, the damages for your expenses from your loved one’s death, as well as an amount of money decided upon by the court, in order to punish the defendant.
Compensatory Damages
Money awarded by the court to the victim’s family for:
- medical care
- funeral expenses
- burial
- grief and stress that the family must endure
- the income the victim would have earned, had he/she lived
- any other expenses brought about by the wrongful death
In order to receive compensation for tangible things like medical care, the funeral, etc, the family must provide receipts to the court, for the services and products they bought, as a result of the death.
Punitive Damages
Money awarded by the court to the victim’s family to punish the defendant for intentionally malicious or reckless conduct, discouraging them from similar actions in the future.
In most cases, the amount of money owed for punitive damages, is at the discretion of the jury. Nevertheless, the judge has the power to review this amount and reduce it, when they feel that it is too excessive.
Damages Limits
Whether it’s compensatory or punitive damages, some states place restrictions on the amount of money that can be owed to the victim’s family, in a wrongful death case. In Georgia, the limit is for punitive damages is $250,000, unless the defendant had intent to cause harm.
Other things that can limit damages:
- Individuals killed on airlines, traveling between nations
- The specifications of an individual’s workers’ compensation insurance
We understand that no amount of money can compensate for the sudden loss of your loved one, but you deserve the most justice possible!
Bruce A. Hagen represents victims of negligence throughout the state of Georgia.