Trial Attorney Blog
One of the most terrible things a family can go through is losing a loved one because of the carelessness of another person.
Knowing your legal rights and alternatives becomes crucial during this extremely taxing period, particularly with regard to wrongful death compensation.
Is there a cap on wrongful death damages? This is a question that many families have.
The answer isn’t simple and varies widely depending on where you live and the specifics of your case.
As experienced wrongful death attorneys at Finch McCranie LLP, we’ve guided many families through these complex legal matters.
In this article, we explain the types of damages you may be entitled to, whether legal limits apply, and how we can help you pursue the full compensation your family deserves.
What Types of Damages Are Available in a Wrongful Death Case?
Surviving family members can pursue damages for their losses through wrongful death claims. These damages generally fall into three categories:
Economic Damages
These include observable monetary losses such pre-death medical bills, burial and funeral expenses, missed wages and benefits the departed would have contributed, and loss of services like childcare or household help.
Non-Economic Damages
These cover intangible losses such as pain and suffering endured by the deceased before death, loss of companionship, love, care, guidance, and emotional support suffered by family members.
Punitive Damages
In cases involving particularly reckless or intentional wrongdoing, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future. These damages are not available in every jurisdiction or case.
Are There Caps on Wrongful Death Compensation?
The question of whether damages are capped depends heavily on the state law governing the claim:
- Economic damages are rarely capped, as courts recognize these losses represent actual financial harm.
- Non-economic damages often face statutory limits in many states to prevent excessively large awards.
- Punitive damages may also have limits or require additional proof, and in some jurisdictions, they are unavailable in wrongful death cases.
For example, in Georgia, where Finch McCranie LLP practices extensively, there are no caps on non-economic damages in wrongful death claims, allowing families to seek full compensation for their emotional and intangible losses.
However, other states impose caps that significantly limit recoveries.
Common Misconceptions and Mistakes Families Make
Believing All Damages Are Capped: Many families mistakenly assume all damages are subject to limits. This misunderstanding can lead to undervaluing claims or settling prematurely.
Not Understanding State-Specific Laws: Damages caps vary widely by jurisdiction. A limit in one state does not apply in another. Legal advice must be tailored to the location of the incident.
Overlooking Changes in Legislation: State laws can change, altering caps and damage eligibility. It is crucial to work with an attorney who stays current with the law.
How Finch McCranie LLP Can Help
At Finch McCranie LLP, we bring decades of wrongful death litigation experience combined with a compassionate approach. Here’s how we support families:
- Personalized Case Evaluation: We carefully examine your case, taking into account all possible damages as well as any jurisdiction-specific caps that may apply.
- Aggressive Pursuit of Full Compensation: We don’t just accept the first offer. We work tirelessly to negotiate fair settlements or fight for your rights in court if necessary.
- Expert Collaboration: We engage with financial experts, medical professionals, and accident reconstruction specialists to build a strong case that accurately reflects your loss.
- Transparent Communication: We keep you informed at every step, answering your questions and explaining complex legal issues in clear terms.
- No Upfront Fees: We work on a contingency basis, meaning you pay nothing unless we recover compensation for you.
What Families Should Do Next
If you have lost a loved one due to negligence, it’s essential to act quickly:
- Contact an experienced wrongful death attorney immediately. Statutes of limitations apply, often giving you a limited window (for example, two years in Georgia) to file your claim.
- Gather documentation. Collect medical records, bills, proof of income, and any evidence related to the death.
- Avoid premature settlement offers. Insurance companies may try to settle early for less than your claim’s true value.
Final Thoughts
Wrongful death claims are emotionally and legally complex.
Understanding whether your compensation might be capped is a critical part of making informed decisions.
We at Finch McCranie LLP are committed to assisting bereaved families through this trying time and making sure you get the justice and restitution you are due.
If you have questions about wrongful death compensation caps or need legal assistance, contact Finch McCranie LLP today for a free, confidential consultation. We are here to accompany you at every stage of the trip.