Worker's Compensation Lawyers Atlanta
In order to win a wrongful death lawsuit, the plaintiff must prove that the defendant failed to provide proper care for the injured person. This duty includes following laws and not driving recklessly. Additionally, a duty of care exists for tour operators who take clients on activities that can be dangerous for the plaintiff. This is what sets a duty of care apart from ordinary duty of care. And remember: the more a person trusts others, the greater their chances of winning a lawsuit. Compensation awarded in wrongful death lawsuits - Wrongful death cases typically award compensatory damages, which are meant to compensate the deceased for the pain and suffering they endured. While compensatory damages are not taxed, punitive damages are. Punitive damages are designed to punish the defendant, not to compensate the deceased for the expenses they incurred in the wrongful death. As a result, wrongful death judgments can be taxed by the IRS. This is why it is important to consult a CPA or tax attorney when receiving the proceeds from a wrongful death case.
Compensation awarded in wrongful death lawsuits can go a long way in helping a grieving family cover the mounting costs of a funeral, burial, or cremation. The amount of the settlement awarded to a family depends on the type of person at fault. Individual drivers may not have the financial resources to pay the full compensation required. However, insurance companies have deep pockets and can often afford to settle wrongful death lawsuits.
In some wrongful death lawsuits, the surviving spouse and children may be able to recover additional damages, including loss of consortium. The amount of these damages can be as high as $150,000 and $50,000, depending on the circumstances. Survivors may also receive additional compensation for emotional distress. In cases involving particularly egregious or reckless actions, a court may even award punitive damages. Although the compensation awarded in wrongful death lawsuits is largely based on the severity of the victim's condition, it should be enough to compensate survivors.