Accidents in Georgia often occur when a motorist on the road is careless behind the wheel. Unfortunately, the results can be deadly. A person who has lost a loved one in a fatal accident due to another party’s negligence or recklessness is entitled to pursue a claim for monetary damages through the civil court system.
The damages typically sought as part of a wrongful death claim include future lost wages and medical bills. Reimbursement of funeral or burial expenses are also included. As the precise amount of damages may be very hard to determine, the courts frequently use a process known as pecuniary damages to measure loss in financial terms for a wrongful death suit.
Specific factors that the court will look at when determining appropriate compensation include how important the deceased person’s income was to the survivors’ financial security and the actual amount of income earned and to be earned. In addition, the court will look at how much the deceased person had invested or saved. The court will also take into consideration compensation for the survivors’ pain and suffering as well as their emotional distress.
A preponderance of the evidence is needed to establish liability in a Georgia civil court case involving wrongful death. Once liability has been established to the satisfaction of the court, based upon a showing of negligence, claims for monetary damages will be adjudicated. No amount of money can bring back a loved one who has died in a fatal accident, but it can help the family members who are left behind to cover financial losses and to achieve some sense of closure as they move forward.
