How a Personal Injury Settlement Can Limit a Wrongful Death Settlement

A wrongful death settlement is often reached when an individual or a company is responsible for the loss of a life. However, limits are placed on the recovery if the action was previously the subject of a personal injury action. The Georgia Supreme Court ruled on the extent of that limitation this summer. In the case of Bibbs et al. v. Toyota Motor Corporation the northern district of Georgia asked the Supreme Court to make a ruling on two key questions, namely: Under Georgia law, are damages in a wrongful death case brought by the survivors of a decedent limited by a settlement entered in a previous personal injury suit settling all claims in that lawsuit? If the answer is yes, what components of wrongful death damages are not allowed in the action? The case concerned a woman who left in a coma after a car wreck. The woman’s relatives sued the car company Toyota in a defective products action. However, a large payout in a previous personal injury suit limited the…

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