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Pain and Suffering Do Not Have a Cap in Georgia In Georgia, there is no cap on the amount of compensation you can receive for pain and suffering. This means that if you have suffered significant physical or emotional harm due to someone else's negligence, you may be entitled to substantial financial compensation.
Wrongful Death Georgia law does not have a cap on Non-Economic Damages or Economic Damages. Therefore there is no cap on those damages in an action for wrongful death.
Under Georgia law, only the victim's surviving spouse, children, and parents can sue for wrongful death. If the victim has no surviving family members, a personal representative may file a wrongful death lawsuit on behalf of the victim's estate.
If a person's death is caused by certain factors, the state of Georgia defines their loss as ?wrongful death.? This means that the person has died due to reckless, intentional or negligent actions. These actions can be caused by another human being or commercial business.
Since Georgia regulations do not impose a cap on the number of economic damages a claimant may receive in a medical malpractice case, this distinction between economic and non-economic damages needs to be understood to understand the outcome of your claim.
Like a wrongful death lawsuit, you have a maximum of two years to submit a survival action claim. In addition, you can request economic and non-economic damages in a survival action lawsuit. If a loved one dies while a survival action case is underway, the claim becomes a part of this individual's estate.
Georgia law also grants family members the right to claim compensation for ?the full value of the life? of a wrongful death victim, not deducting any personal expenses they would have incurred during their lifetime.
What is the statute of limitations to bring a wrongful death claim? The statute limitations to file a wrongful death claim in Georgia is usually two years from the date of the deceased's death. O.C.G.A § 9-3-33.