Are Punitive Damages Available in Wrongful Death Cases?
If your loved one’s death was caused by the negligent actions of a person, business, organization, or some other party, you have the right to seek compensation for loss of support, loss of companionship, funeral and burial costs, and other damages. There are two legal avenues for pursuing compensation – a wrongful death claim or a survival action.
In Georgia, punitive damages may be awarded to wrongful death survivors in cases where the defendant’s actions were particularly careless or egregious. Your Atlanta wrongful death attorney can advise you on the best strategy for moving forward by going over the pros and cons of both wrongful death claims and survival actions.
Understanding Punitive Damages in an Atlanta Wrongful Death Case
Punitive damages are a special category of compensation awarded in civil cases. Unlike compensatory damages, which are intended to cover the victim’s loss or suffering, punitive damages aim to punish the defendant for particularly harmful behavior. In Georgia, these types of damages are reserved for actions that go beyond mere negligence. Punitive damages are typically awarded in cases involving malice, fraud, or a willful disregard for the safety of others. By imposing punitive damages, the court seeks to deter the defendant and others from engaging in similar conduct in the future.
For someone to be eligible for punitive damages in a Georgia wrongful death case, certain stringent criteria must be met. There must be clear and convincing evidence that the defendant’s actions were more than just negligent – they must have been willful, malicious, fraudulent, or exhibited a blatant disregard for the safety of others. This standard is higher than the preponderance of the evidence standard used for awarding compensatory damages. The plaintiff also needs to demonstrate a direct link between the defendant’s conduct and the wrongful death.
Difference Between a Wrongful Death Claim and a Survival Action in Atlanta
Wrongful death claims in Georgia arise when a person dies due to the negligence or intentional actions of another party. These claims are designed to compensate the deceased person’s surviving family members for their loss. The primary aim is to cover the financial and emotional damages resulting from the untimely death. In Georgia, wrongful death claims typically need to be filed by a close relative, such as a spouse, child, or parent. The damages awarded can include loss of income, medical expenses, funeral costs, and the loss of companionship and support.
The deceased’s surviving spouse is given the first right to file a wrongful death claim. If there is no surviving spouse, the next in line are the deceased’s children. In scenarios where neither a spouse nor children are present, the deceased’s parents can file the claim. If none of these relatives are available, the estate of the deceased person can bring the claim through an appointed representative.
Survival actions in Georgia are intended to address the claims that the deceased person could have pursued if they had survived. A survival action is filed by the estate of the deceased, with any awarded damages typically going to the beneficiaries of the estate.
While both wrongful death claims and survival actions arise from the death of an individual due to negligence or misconduct, they serve different purposes and address distinct aspects of the loss. Wrongful death claims focus on compensating the surviving family members for their loss, including financial support and emotional companionship. In contrast, survival actions deal with the damages that the deceased person suffered between the time of injury and their death, such as pain and suffering, medical expenses, and lost wages.
Successfully pursuing punitive damages in a Georgia survival action requires robust evidence and compelling arguments. Key pieces of evidence may include documentation and testimonies that show willful misconduct, malice, fraud, or a complete disregard for the safety and rights of others. Medical records, eyewitness accounts, expert testimonies, and any prior incidents involving the defendant can significantly strengthen the case.
In Georgia, a legal nuance often referred to as the punitive damages loophole can be leveraged effectively in survival actions. This loophole permits the pursuit of punitive damages even in cases where the primary claim for compensatory damages might be limited or constrained.
Our Atlanta Wrongful Death Attorneys Seek Compensation for Survivors
It’s always painful to lose a loved one, and the misery is compounded when their death is caused by the senseless actions of another person. You have the right to seek justice, and Butler Prather LLP has been helping wrongful death survivors in Atlanta for over 30 years.
Butler Prather LLP has won nine verdicts over $100 million. Our partner, James Butler, has been featured in the Atlanta Bar Association’s Legends of the Bar Series, and the independent rating agency Super Lawyers gives us high marks for the service that we provide for our clients.
Call (706) 322-1990 to schedule a FREE consultation today with one of our wrongful death lawyers in Atlanta.