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Who Pays for a Wrongful Death Lawsuit?

It may come as a surprise, but not just any unexpected death can lawfully be considered wrongful. A death is legally considered wrongful if another person or entity’s negligence caused it.

If your loved one recently passed due to another’s carelessness, you may wonder if you should file suit for wrongful death, and if so, how the lawsuit will be paid for. Read on to find out.

Covering the Costs of a Georgia Wrongful Death Lawsuit

According to Georgia state law, a decedent’s estate is allowed to cover the financial losses associated with the wrongful death claim. However, if the lawsuit is successful, then the defendant (the person or entity you file the lawsuit against) will be ordered by the court to pay for the damages you incurred as a result of the death.

The damages awarded in a wrongful death suit can be paid to the decedent’s survivors or to the estate.

Damages Available in a Georgia Wrongful Death Lawsuit

There are two types of damages available to plaintiffs (those who file the lawsuit) in a Georgia wrongful death case:

  • Economic and Non-Economic Damages
  • Financial Losses

Economic and Non-Economic Damages

These damages are intended to compensate the surviving family members for the “full value of the life of the decedent.”

The economic and non-economic (also known as punitive) damages that are recoverable in a wrongful death lawsuit include:

  • Lost wages, benefits, and services, including what the decedent could have reasonably earned if he or she had survived, and
  • Lost care, companionship, counsel, and advice.

Financial Losses

The financial damages available in a wrongful death lawsuit are those that are designed to compensate the decedent’s estate for financial losses incurred as a result of the death. This claim must be filed by the decedent’s executor and can provide compensation for:

  • Medical expenses related to the decedent’s illness or injury,
  • Funeral and burial costs, and
  • Other necessary expenses incurred due to the decedent’s illness or injury and death.

While no amount of money can make up for the loss of your loved one, it is important for you to feel that justice has been served for his or her death. We want to help make sure your family receives justice for your loss.

Call The Abrego Law Firm, LLC today at (404) 334-3324 to speak with our accomplished attorney about your case.