When a loved one passes away in an accident that came about because of someone else’s negligence, surviving family members have several legal options. First, the decedent’s surviving family members can file a wrongful death claim on behalf of their loved one. Wrongful death claims are statutory claims, and the purpose of the claim is to compensate for the “full life value” of the loved one who passed away. Therefore, the claim’s ultimate value is from the deceased person’s point of view.
There are two parts of a decedent’s “full life value.” The first is the intangible component, which centers on all of the intangible aspects of a person’s life, including spending time with friends and family, playing sports and taking part in other hobbies, volunteering, earning an undergraduate or graduate degree, and graduating from an educational institution of higher learning.
The second is the tangible component, which focuses on the deceased loved one’s potential earnings. It also centers on the monetary value that is associated with caring for children and loved ones and taking care of chores, had the decedent survived their fatal accident.
Surviving loved ones, in addition to bringing a wrongful death claim on their deceased loved one’s behalf, can bring another claim. This additional claim is called an estate claim.
The decedent’s loved ones can recover all of the following as part of their estate claim:
- All of the expenses associated with the deceased loved one’s funeral and burial
- Compensation for pain and suffering the deceased loved one experienced from the accident until their passing
- Monetary compensation for the medical bills that the deceased loved one incurred between the time of the accident up until the time of death
As part of an estate claim, a decedent’s surviving family members can bring a punitive damage claim under certain circumstances. The primary purpose of a judge or jury awarding punitive damages is to punish the individual wrongdoer and to discourage other individuals from committing a similar wrongful act against someone else in the future.
These damages are available when the at-fault person or entity acts in an extremely reckless or egregious manner. For example, they might seek punitive damages after fatal drunk driving accidents.
If the decedent had a will in place, then the surviving spouse, close relative, or other named administrator is responsible for bringing the estate claim. Sometimes, however, individuals pass away unexpectedly without a will. When that happens, the Georgia intestacy laws determine the surviving family members who will file the estate claim.
An experienced Lawrenceville wrongful death lawyer at Brauns Law Accident Injury Lawyers, PC can help guide you through the legal process of filing a wrongful death or an estate claim on behalf of your deceased loved one.
