There are three general types of damages that may be available for the survivors involved in a wrongful death lawsuit. These are:
Economic damages
These include the value of financial contributions the survivors would have received had the victims not died, medical and funeral expenses, loss of the victim’s earnings, loss of benefits and pension plans, loss of inheritance, estimated value of services and goods that the victim would have provided.
Punitive damages
These are awarded as a means of punishing the party responsible for the wrongful death in circumstances of particular bad conduct, for example, in case where the death of a victim to place in a nursing home due to elder abuse.
Non-economic damages
These include damages awarded for the survivors’ suffering and mental anguish, loss of care, love, companionship, and protection from the victim, loss of consortium from a deceased spouse.
Every state throughout the U.S. has a set statute of limitations for wrongful death. In the state of Georgia the statute of limitations for wrongful death is two years. In some special circumstances this time period may be shortened to 6-12 months. This will happen if the claim is filed against a city, state or government municipality, such as if a motorist is killed due to a city’s failure to fix a hazardous stretch of road. In some circumstances, the stature of limitations may be extended, such as in cases where the death is initially ruled an accident then the family later discovers it was a case of wrongful death. In this instance the statute of limitations would start over from the time of this discovery.
Our legal experts at Ashenden & Hollingsworth, P.C. can explain your rights, help understand the processes involved in a wrongful death claim and enable you to prepare for a wrongful death lawsuit. Don’t let your statute of limitations run out, contact us right away so we start working on your case today.
