Filing a wrongful death lawsuit is a profoundly challenging endeavor, one that intertwines complex legal procedures with the profound emotions that follow the loss of a loved one. This legal recourse is sought when an individual’s death results from the negligence or intentional actions of another party, demanding justice and compensation for the surviving family members. However, embarking on this path requires a thorough understanding of the legal framework, strict adherence to deadlines, and a commitment to gathering compelling evidence. In this guide, we will delve into the essential elements of filing a wrongful death lawsuit, offering valuable insights into the eligibility criteria, legal process, and critical considerations that can help you navigate this difficult journey towards seeking accountability and closure.

What is Typical for Average Wrongful Death Suit Payouts in Georgia?

How much compensation you get for a wrongful death settlement in Georgia varies based on the unique circumstances of each case. Based on our own settlement data on this page, the average wrongful death settlement is between $600,000 to $3,650,000. Settlements depend greatly on the unique circumstances of each wrongful death  case, which is why there is no accurate average settlement amount for wrongful death accidents in Georgia. For instance, when the deceased was of average age and in good health, online data indicates that wrongful death attorneys often recommend seeking a typical wrongful death settlement of approximately $1.5 million. However, if the deceased was elderly, in poor health, or had pre-existing conditions, online data says the compensation may range from $500,000 to as low as $150,000. While our team at Kalka Law Group does excellent work on our clients’ cases, no results are guaranteed, and the results below should not be considered “typical” results. As always, feel free to contact us if you have any questions or want to get a discussion started.

 

Wrongful Death Lawsuit Settlement Examples Won by The Kalka Law Group

$1,100,000 Truck Accident Wrongful Death Lawsuit Payout

A truck driver negligently crossed GA 316 that led to the death of our client.

$600,000 Wrongful Death Suit Payout Georgia Auto Accident

Our client was struck by another vehicle and it resulted in death. There were multiple claimants, but the family recovered the majority of it over others.

$650,000 Wrongful Death Lawsuit Payout from Georgia Truck Accident

A tractor trailer in Clayton County ran a red light. Multiple people were injured and had very limited insurance. We recovered more for our client than anyone else in the accident because we filed our lawsuit first. The opening offer from the insurance company was an insulting $100. We recovered $650,000 for our client

What is typical for average wrongful death suit payouts in Georgia? See example wrongful death lawsuit payouts in Georgia. Wrongful death lawsuit settlement examples won by the Kalka Law Group.

$3,650,000 Georgia Wrongful Death Settlement from Hospital Negligent Entrustment

Our client’s father was left unsupervised while an inpatient and fell out of an open window at a Hospital in Cobb County. We were able to prove negligence and lack of supervision and recovered $3,650,000 for our client.

$3,275,000 Wrongful Death Case Settlement from Georgia Fatality Bus Accident

A bus driver fell asleep while traveling on I-75 South and struck and killed a father of 2 unborn children. We were able to recover for the mother and establish college funds for the children that were born after his death.

 

What Factors Affect the Average Payout for Medical Negligence Resulting in Death in Georgia?

Like most states in the U.S., Georgia permits the family or estate executor of a deceased patient to pursue a wrongful death case if the death was caused by medical malpractice. Medical negligence, often referred to as medical malpractice, occurs when a healthcare provider fails to meet the accepted standard of care, leading to injury or death of a patient. Wrongful death settlements for medical malpractice can vary significantly, though according to online data many range from $500,000 to $1 million. When medical negligence results in a patient’s death in Georgia, there are a number of key factors and legal procedures that will influence the average payout for medical negligence resulting in death. Here’s a list of those key factors that most affect the average payout for medical negligence resulting in death:

  • Standard of Care: In a medical negligence case, it must be established that the healthcare provider deviated from the standard of care that is typically expected in similar circumstances. This standard is usually determined by expert medical testimony.
  • Causation: It must be demonstrated that the deviation from the standard of care directly led to the patient’s death. This is a critical element in proving medical negligence.
  • Wrongful Death Claim: In Georgia, when a person dies as a result of medical negligence, the surviving family members may bring a wrongful death lawsuit against the responsible healthcare provider. Only specific family members are eligible to file such a lawsuit, typically spouses, children, or parents.
  • Statute of Limitations in Medical Malpractice Resulting in Death: Georgia has a statute of limitations for medical malpractice cases, including those resulting in death. Generally, a wrongful death lawsuit must be filed within two years from the date of death, but there may be exceptions in certain circumstances.
  • Damages: If the court determines that medical negligence resulted in the patient’s death, the family members may be eligible to receive compensation for various damages, including medical expenses, funeral costs, lost financial support, and pain and suffering.
  • Criminal Consequences: In cases where medical negligence is particularly egregious or involves willful misconduct, criminal charges may be filed against the healthcare provider. This can result in fines, probation, or even imprisonment if the provider is found guilty.
  • Expert Witnesses: Expert medical witnesses are often essential in medical negligence cases to testify about the standard of care and how the healthcare provider deviated from it. Your Kalka Law Group attorney is well versed in obtaining the right expert witness testimony to assist with your case.
  • Insurance and Settlements: In many cases, healthcare providers and their insurance companies may choose to settle out of court to avoid a lengthy and costly legal battle. These settlements can provide compensation to the victim’s family without going through a trial.

It’s important to note that each medical negligence case is unique, and the specific circumstances surrounding the death will determine the legal process and potential outcomes. If you believe you have a case of medical negligence resulting in death in Georgia, it is crucial to consult with an experienced medical malpractice attorney who can provide guidance and represent your interests throughout the legal process.

 

Who Gets the Settlement Money in a Wrongful Death Lawsuit in Georgia?

Who gets the settlement money in a wrongful death lawsuit in Georgia is governed by specific laws that prioritize the victim’s close family members. In Georgia wrongful death cases, the basic legal guideline states that compensation must be split equally between the victim’s surviving spouse and children, with the spouse entitled to receive no less than one-third of the total amount. Or, Georgia law mandates that the spouse is entitled to no less than one-third of the total amount, even if there are multiple children. The remainder is divided equally among the children. This rule ensures that the spouse and children receive fair compensation for the loss of their loved one and the support that person provided.

If the deceased individual was unmarried and without children, the wrongful death award goes to the victim’s surviving parents. In cases where both parents are alive but separated, courts may need to determine an equitable distribution between them. However, if there are no parents or children, the estate’s administrator or executor will handle the funds on behalf of the deceased’s estate. In this scenario, the compensation may go to other family members, like siblings or extended relatives, based on the instructions in the victim’s will or Georgia’s intestacy laws if no will exists.

 

What Is the Best Way to Get a Wrongful Death Suit Payout?

Here are some key things you need to know if you are considering filing a wrongful death lawsuit:

  • Eligibility: Not everyone can file a wrongful death lawsuit. In most jurisdictions, only certain individuals, usually immediate family members like spouses, children, and parents – those with a “qualifying relationship”, can file such a lawsuit. You should check your local laws to determine who is eligible to file.
  • Statute of Limitations: The statute of limitations for a wrongful death claim in Georgia is generally two years from the date of the individual’s death. This means that you typically have two years from the date of the death to file a wrongful death lawsuit in the state of Georgia.
  • Establishing Liability: To succeed in obtaining a wrongful death lawsuit payout or verdict in Georgia, you must prove that the defendant(s) were responsible for the death through their negligence, recklessness, or intentional misconduct. Gathering evidence, such as witness statements, expert opinions, and documentation, is crucial in establishing liability.
  • Damages: Wrongful death lawsuits seek compensation for various damages, including medical expenses, funeral costs, loss of financial support, loss of companionship, and emotional distress. The specific damages you can claim may vary depending on your jurisdiction.
  • Hiring an Attorney: It is highly advisable to consult with an experienced attorney who specializes in wrongful death cases. They can guide you through the legal process, help you gather evidence, negotiate with insurance companies or opposing parties, and represent your interests in court if necessary.
  • Settlement Negotiations: Many wrongful death cases are settled out of court through negotiations between the parties involved. Many times – insurance companies are involved in these negotiations – and they only care about the insurance company’s bottom line. Your attorney will play a crucial role in these negotiations, ensuring that you receive a fair and just settlement.
  • Expert Witnesses: In many wrongful death cases, expert witnesses, such as medical professionals or accident reconstruction experts, are necessary to provide specialized knowledge and testify on your behalf. A good wrongful death attorney will find the best expert witnesses available to talk about your case and advocate for your settlement rights.
  • Burden of Proof: In a wrongful death lawsuit, the burden of proof is typically on the plaintiff (the party filing the lawsuit) to demonstrate that the defendant(s) were responsible for the death by a preponderance of the evidence. This means showing that it is more likely than not that the defendant’s actions caused the death.
  • Potential Outcomes: If you win the lawsuit, you may be awarded monetary damages. The amount will vary depending on the circumstances of the case and the laws in your jurisdiction. If you lose the lawsuit, you may not receive any compensation.

It’s important to remember that every wrongful death case is unique, and the legal process can vary depending on your location and the specific circumstances of the case. Consulting with an experienced attorney is crucial to navigate the process effectively and ensure your rights are protected.

 

 

Contact the Experienced Georgia Wrongful Death Settlement Payout Attorneys Near You at Kalka Law

Don’t navigate the aftermath of a wrongful death of a loved one alone.

Pursuing a wrongful death lawsuit in Georgia, particularly in cases involving medical negligence, is a challenging and emotionally taxing process. This legal avenue seeks justice and compensation for surviving family members who have tragically lost a loved one due to the negligence or intentional actions of another party. Our exploration of this topic has shed light on crucial aspects of such cases, from eligibility criteria and statutes of limitations to establishing liability and navigating the legal landscape. The Kalka Law Group understands the complexities of wrongful death lawsuit cases. We have a proven track record of success in securing substantial settlements for our clients, as evidenced by the examples shared above.

No win, no fee. You incur no risk if we don’t secure a settlement.

The Kalka Law Group’s team of experienced wrongful death lawyers in Georgia is here to help you cope with the legal landscape and ensure you receive the compensation and support you deserve. Contact us today for a free consultation or call us at (404) 529-9371 to discuss your case and explore your options. We understand the challenges you and other surviving family members face and are committed to advocating for your best interests. Remember, you don’t have to go through this alone.

If you are interested in reviewing average settlement amounts near you for other types of Georgia accidents see our additional resources on the matter: