There is no standard average wrongful death settlement in Georgia that can reliably predict what a particular case is worth. Settlements vary because Georgia law considers the value of the deceased person’s life along with the specific financial and personal losses caused by the death.
The amount may also depend on the available insurance coverage, the strength of the evidence, and whether the parties can agree on a fair settlement. For these reasons, published averages usually provide little guidance about what an individual claim may be worth.
How Is a Wrongful Death Settlement Calculated in Georgia?
Georgia wrongful death law allows certain surviving family members to pursue compensation for the full value of the life of the deceased person. That value can include both economic and non-economic components.
Factors that may affect the value of a wrongful death claim include:
- The deceased person’s age and health
- Their employment history and career prospects
- The value of the services the deceased person provided
- Life expectancy
- The circumstances that caused the death
Because so many case-specific factors can affect a wrongful death settlement, evaluating a claim requires looking beyond published averages. Jamie Casino Injury Attorneys has more than 40 years of combined legal experience handling serious injury and wrongful death cases in Georgia.
What Damages Can Be Recovered in a Georgia Wrongful Death Case?
A Georgia wrongful death case may involve more than one claim. The wrongful death claim generally seeks compensation for the full value of the deceased person’s life.
This can include the income, services, and other financial benefits the person likely would have provided. It may also include the non-economic value of life, such as relationships, experiences, and other aspects of living that do not have a fixed dollar amount.
A separate estate claim may also be available in some cases. Depending on the circumstances, the estate may seek compensation for certain losses connected with the person’s final injury and death.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law establishes an order for who may pursue a wrongful death claim. Generally, a surviving spouse has the first right to bring the claim. If there is no surviving spouse, the deceased person’s children may have the right to pursue the case. In other situations, another eligible family member or the estate representative may have a role.
The proper person to file can depend on the family structure and the facts of the case. This issue can become more complicated when several surviving relatives are involved. The Georgia wrongful death attorneys at Jamie Casino Injury Attorneys have over four decades of combined experience in complex cases like these and can help you understand your options.
How Does Insurance Coverage Affect a Wrongful Death Settlement?
Insurance coverage can play a major role in the amount of compensation available in a settlement.
For example, a fatal car accident may involve the at-fault driver’s liability insurance. A commercial truck crash could involve additional policies or responsible businesses. Other wrongful death cases may involve property owners, manufacturers, employers, or other parties with separate insurance coverage.
Identifying every potentially responsible party can help determine the sources of compensation available to the family. Our legal team can investigate these sources as part of building a wrongful death claim.
FAQs
How Long Do You Have To File a Wrongful Death Claim in Georgia?
Georgia generally has a two-year statute of limitations for wrongful death claims. However, certain circumstances can change or pause the deadline, so families should avoid waiting to investigate their legal options.
Are Wrongful Death Settlements Taxable in Georgia?
Many compensatory wrongful death settlements are not treated as taxable income under federal law. However, some portions of a settlement may receive different tax treatment, so families should discuss tax questions with a qualified tax professional.
Can a Wrongful Death Case Settle Without Going To Court?
Yes. Many wrongful death claims are resolved through settlement negotiations without a trial. If the parties cannot agree on fair compensation, however, a lawsuit may be necessary.
How Long Does a Wrongful Death Settlement Take?
There is no fixed timeline. A straightforward case may resolve in months, while cases involving disputed liability, severe damages, or multiple defendants can take much longer.
Contact the Georgia Wrongful Death Attorneys at Jamie Casino Injury Attorneys for Help
No single number can accurately represent the value of every Georgia wrongful death case. The amount depends on the deceased person’s life, the family’s losses, the evidence of fault, and the available sources of compensation.
For more information, contact an experienced Georgia wrongful death lawyer at Jamie Casino Injury Attorneys to schedule a free consultation today.
We serve Savannah, Augusta, and the surrounding areas in Georgia.
Jamie Casino Injury Attorneys – Savannah Office
480 Mall Blvd,
Savannah, GA, 31406
(912) 355-1500
Jamie Casino Injury Attorneys – Augusta Office
1450 Greene St, Suite 140
Augusta, GA, 30901
(706) 750-8860
