Types of Damages That May Be Available in a Wrongful Death Claim
People often struggle with the concept of putting a dollar value on the life of another person, especially when that person is a spouse, child or parent. Accurately identifying and calculating damages is an unavoidable aspect of wrongful death claims, and it’s a vital step on the path to maximizing recovery for surviving family members.
Attempted Life-Saving Care
The medical expenses incurred in a serious accident are often present in wrongful death cases as well. Emergency services, rides in ambulances to hospitals, invasive surgeries and other medical treatments are often necessary as doctors attempt to save the injured person’s life.
Those bills remain even if the accident victim succumbs to their injuries. Families (and the health insurance company that paid for treatments) are still entitled to compensation for these expenses if a wrongful death claim succeeds. These costs can be substantial, and compensation helps alleviate the financial burden faced by the family.
Lost Wages and Benefits
One of the most significant impacts of losing a loved one is the loss of their financial contributions to the household. This includes not only the deceased's current income but also future earnings they would have provided in the years or decades left in their projected working life. Compensation can cover lost wages, benefits (such as health insurance and retirement savings) and even potential promotions or raises the deceased would have reasonably achieved.
Assorted Costs of Living
The loss of a spouse or parent goes beyond income; it affects the daily functioning of a household. Families may find themselves needing to pay for services the deceased used to handle. This can include childcare, housekeeping, lawn maintenance and other routine tasks. In a wrongful death claim, compensation for these added expenses acknowledges the myriad ways in which a family's life is disrupted and provides financial support to help them adjust to their new reality.
Pain and Suffering
How does the legal system assign a dollar amount to emotional trauma, psychological suffering and the sensation of pain?
There are a variety of potential valuation methods for pain and suffering. With the multiplier method, the total economic damages may be multiplied by a multiplier number (typically between one and five based on the severity of the pain and suffering).
With the per diem method, a daily rate is agreed to during negotiations, and then a number of days is multiplied by the rate to arrive at total pain and suffering damages. The number of days is usually based on the length of the injured person’s recovery, which isn’t usually applicable in wrongful death claims.
In wrongful death cases that go to a jury trial, it’s not uncommon for juries with wide discretion to decide on total pain and suffering damages after a case is decided.
Loss of Consortium and Its Valuation
Loss of consortium is a specific type of non-economic damage that refers to the loss of companionship, affection and partnership due to the wrongful death.
Loss of consortium is often considered separately from other pain and suffering damages. It specifically addresses the impact on the spouse's life, including loss of marital relations, companionship and emotional support.
The valuation of loss of consortium can be just as complex as other pain and suffering damages. It involves assessing the depth of the marital relationship, the life expectancy of the deceased and the extent to which the marital relationship fulfilled emotional, psychological and physical needs.
Families often benefit from a skilled and compassionate wrongful death team that can help develop a compelling case to establish the importance of the deceased and the totality of their impact on the lives of surviving members.
The Unique Case of a Child's Death
When a child tragically passes away, the wrongful death claim takes on a different character compared to the death of an adult wage earner. Since children typically do not contribute financially to a household, compensation in these cases often focuses on the non-economic loss suffered by the parents. This includes the profound emotional distress and loss of companionship. While putting a monetary value on such a loss is challenging, the law in Georgia allows parents to seek compensation for the intangible yet invaluable role a child plays in their life.
Our Wrongful Death Attorneys Will Fight for the Compensation Your Family Deserves
Proving a person’s death was caused by the negligent or malicious actions of another party isn’t the only challenge facing families filing wrongful death claims. It’s also necessary to justify maximum recovery for the totality of the consequences experienced by families.
The Law Office of Rickard, Drew & Nix understands how much you and your family may be depending on full and fair compensation, and we’ll aggressively pursue justice on your behalf. Call us at (404) 588-1001 for a free case evaluation.
Attorney Jessica Nix, Managing Partner
Jessica Nix is Managing Partner and a Personal Injury Attorney at the Law Office of Rickard, Drew & Nix in Atlanta, with more than 10 years of experience representing injury victims in courts across Metro Atlanta. She graduated cum laude from the University of Georgia School of Law, where she served as an editor of the Journal of Intellectual Property Law. Jessica is admitted to the State Bar of Georgia, is a member of the Georgia Trial Lawyers Association, and was named a Georgia Super Lawyers Rising Star for Personal Injury from 2017 to 2019. To speak with the Law Office of Rickard, Drew & Nix, schedule a free consultation today.
