Key Factors Influencing Wrongful Death Settlements
Dealing with the unexpected loss of a loved one is one of the most painful experiences anyone can face. When that loss results from someone else's negligence or wrongful actions, pursuing justice through a wrongful death settlement becomes essential.
Wrongful death cases can be intricate, involving numerous legal, personal, and financial considerations. For anyone seeking to understand what influences these settlements in Georgia, it’s important to break down the factors that have the most impact.
In this blog, the attorney at Arnold & Arnold LLC strives to help his readers understand the key factors that might influence a wrongful death settlement.
Liability and Negligence
The starting point in any wrongful death case is determining liability and negligence. In Georgia, liability depends on proving that someone was responsible for causing the death through negligent behavior. It might be a distracted driver, a company that neglected safety protocols, or even a medical professional who made a harmful mistake.
According to Georgia Code § 51-11-7, the state operates under a modified comparative negligence system. If the deceased individual held any partial responsibility for their death, it may affect the final settlement amount. The compensation is reduced by the percentage of fault attributed to the deceased. However, if they were more than 50% responsible, a settlement may not be possible.
Types of Damages Considered
Damages in a wrongful death settlement generally fall into two categories: economic and non-economic. Economic damages are the financial losses tied directly to the death. These may include funeral expenses, medical bills incurred before death, and lost income that the deceased would have contributed to the family over time.
Non-economic damages are more subjective, relating to the emotional impact on the surviving family members. This includes the loss of companionship, emotional pain, and suffering. Brian's aggressive approach to wrongful death claims helps families understand the full extent of these damages. He works to that nothing is overlooked when calculating what’s owed.
In some cases, punitive damages may also be sought. These are intended to punish especially egregious behavior on the defendant’s part. Though they’re not guaranteed, punitive damages are often pursued to make an example out of reckless conduct.
Available Insurance Coverage
Another key factor in determining a wrongful death settlement is the availability of insurance coverage. The settlement amount often hinges on the limits of the defendant’s insurance policies. Even when liability is clear, if there isn't adequate coverage to compensate the family, the potential settlement is limited.
In some situations, multiple insurance policies may be involved, especially if the wrongful death occurred in an automobile or commercial setting. A personal injury attorney knows how to dig into each possible avenue for compensation, making sure that families receive some justice, given the constraints of available policies.
Relationship to the Deceased
Who files the wrongful death claim matters. Georgia law generally allows the spouse or children of the deceased to bring forth a wrongful death suit. If the deceased had no spouse or children, the parents or even a personal representative of the deceased’s estate may be eligible to pursue the claim. The relationship between the claimant and the deceased also influences the value of the settlement.
Courts consider how deeply the surviving members depended on the deceased’s financial contributions and emotional support. For example, the settlement for a spouse who was entirely dependent on the deceased might be greater than for a distant relative.
Brian makes it a point to honor the unique nature of each client’s relationship with their loved one, it’s represented appropriately in any settlement discussion.
Factors Impacting the Settlement Timeline
It’s natural for grieving families to want swift justice. However, wrongful death settlements can take time, especially when multiple factors are at play. Some of the key elements that can prolong the process include:
Disputes: Disputes over liability and whether negligence can be proven. These disputes often add extra layers of complication to the case.
Negotiations: Complicated negotiations with multiple insurance providers. These require careful strategy and persistence.
Evidence: The need for extensive evidence gathering and testimonies. This helps secure an effective presentation of all details.
As a personal injury attorney, Brian’s intensity in handling wrongful death cases means he doesn’t shy away from going the distance. If securing a just settlement means taking time to gather every piece of crucial evidence, he will do so. His clients are individuals deserving of the utmost respect, and he will leave no stone unturned.
Typical Steps in the Settlement Process
Understanding the typical steps in the wrongful death settlement process can help families know what to expect. Here’s a general outline:
Initial consultation: Families meet with an attorney to discuss their loved one's passing and determine if a wrongful death claim is feasible. This is the starting point of the process.
Investigation: Brian thoroughly investigates the circumstances surrounding the death. This may involve gathering medical records, accident reports, and witness statements. Evidence collection is vital for the case.
Filing the claim: Once sufficient evidence has been gathered, a formal wrongful death claim is filed against the responsible party. Filing is a significant step towards seeking justice.
Negotiation: Brian engages in settlement negotiations with the defendant's insurance company. If negotiations stall, the case may proceed to trial. Negotiation is often a critical opportunity to reach a fair settlement.
Resolution: Either a settlement is reached, or the case goes to court, where a jury decides the outcome. The resolution marks the end of the legal journey.
Legal Costs and Considerations
The cost of pursuing a wrongful death claim is another consideration that can influence the settlement amount. Legal fees, witness fees, and other related costs might be deducted from the final amount.
Emotional and Psychological Toll
While this isn’t a financial factor, the emotional and psychological toll a case takes on the family plays a significant role in settlements. Wrongful death cases require families to revisit the circumstances of their loved one’s passing.
It can be draining, and many families may opt for a settlement to avoid a prolonged trial. As an experienced personal injury attorney, Brian Arnold understands these emotional challenges and works to make the process as smooth as possible for his clients.
Jury vs. Settlement Negotiations
In some cases, a settlement is reached through negotiation outside of court, while in others, the case goes before a jury. Both have unique factors influencing the outcome. Jury trials can result in larger payouts, particularly if the jury sympathizes with the survivors' loss. However, they also come with added stress, risk, and time.
Brian’s approach is to prepare every wrongful death case as if it’s going to trial, but he knows that settling might be in the family’s interest. His experience allows him to offer clear, straightforward guidance on whether a jury trial or settlement negotiation would result in a more favorable outcome for the family.
The Role of Arnold & Arnold LLC in Wrongful Death Cases
Arnold & Arnold LLC is determined to stand by clients who face the unimaginable loss of a loved one due to another's negligence. He provides the support, compassion, and aggressive representation needed to defend clients effectively. The focus isn’t just on the legal aspects—it’s also on understanding the human element, and recognizing that each family is unique.
With extensive knowledge of Georgia wrongful death laws, Brian uses his skills to present the strongest case possible. He knows clients aren’t just names on a docket, and their loved ones deserve dignity and respect. Families can trust that their cases will be handled with honesty, with an emphasis on a solid attorney-client relationship.
Brian will fight relentlessly to support clients, knowing it’s not just about financial relief—it’s about holding wrongdoers accountable and providing some level of closure for the grieving family.
Experienced Legal Advice You Can Trust
Families looking for answers and reliable assistance need a personal injury attorney who’s willing to fight for their interests. With offices in Savannah, Cochran, Dublin, and Macon, Georgia, Attorney Brian Arnold also serves clients in Covington, Augusta, and Columbus. With extensive experience and unwavering commitment, Arnold & Arnold LLC stands ready to guide clients through every step of the process. Contact the firm today.