When someone is killed due to someone else’s negligence, the victim’s family may file a wrongful death claim. While most people associate wrongful death claims with personal injury cases, the one big difference is that the victim has lost their life.
Reducing the financial stress and pain of losing a loved one after a fatal accident is typically the ultimate goal of anyone who has been presented with such unfortunate circumstances.
What Is a Wrongful Death Case?
When someone loses their life due to the negligence of another party, the surviving family members can file a wrongful death claim to recover monetary damages. This may help ease some of their pain and suffering and assist them financially.
A wrongful death attorney in Georgia can help you navigate the claims process. Lawyers dealing with wrongful death claims understand the difficulty of the task for the grieving family and can offer compassionate support throughout the proceedings.
What Are Punitive Damages?
Punitive damages are awarded to punish the wrongdoer or to generally discourage such misconduct in society. Punitive damages are not required by law nor guaranteed to be awarded in every case. They are discretionary damages meant to punish or send a message to the wrongdoer that their actions were not acceptable.
Punitive damages are designed to punish the wrongdoer and compensate the victim. The purpose of punitive damages is to discourage the defendant and others like them from engaging in similar behavior.
The Purpose of Punitive Damages
The purpose of punitive damages is to punish the wrongdoer for their wrong actions and deter others from engaging in similar behavior in the future. While compensatory damages are awarded to the victim for their losses, punitive damages are intended to punish the wrongdoer and convey that their actions were unacceptable.
There are several reasons a court may award punitive damages in a particular case. These reasons can include gross negligence, willful misconduct, or fraudulent behavior. The defendant’s wrongdoing must be significant enough to warrant a higher damage award.
In many cases, punitive damages are awarded in addition to compensatory damages. However, they do not have to be. A court may only award punitive damages if the circumstances surrounding the case warrant it.
How to Determine Punitive Damages Amounts
To determine the number of punitive damages in the case of a wrongful death claim, you need to prove that the defendant acted with malice or reckless disregard for the safety of others. Once you establish this, you can calculate the number of punitive damages based on the following factors:
The Severity of Harm
The severity of the harm refers to the level of suffering the victim’s family members had to endure after the accident.
The Wrongdoer’s Intent
The wrongdoer’s intent refers to whether the defendant was negligent or acted with malice or reckless disregard for the safety of others. The financial condition of the wrongdoer will be another determinant.
Establishing the Value of Your Case
To determine the value of your wrongful death claim, you must prove that the defendant’s actions led directly to your loved one’s death. You will also have to prove that the defendant was negligent. After a close review of the details of your case, a lawyer can help estimate the value of your case.
How to Find a Lawyer for a Wrongful Death Claim?
You can find a lawyer by researching local personal injury law firms in your area. The best way to find a personal injury attorney is to ask family members and friends for recommendations. You can also search online and read reviews from past clients.
Before hiring a personal injury lawyer, ensure they have experience working with a wrongful death lawyer in Georgia. You will also want to ensure that the attorney has a good track record and is trustworthy.
Final Thoughts
If you have lost a loved one due to someone else’s negligence, you may be able to bring a wrongful death claim. To succeed in a wrongful death lawsuit, you must prove that the defendant’s actions caused your loved one’s death.
You will also have to prove that the defendant was negligent. If you can prove these things, you may be entitled to monetary damages, such as lost wages and funeral expenses.
Mark Scott
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters, and to find the proper resources so they can stand up for their rights.
