WRONGFUL DEATH

Under Georgia Law, the full value of a decedents life is determined solely by the enlightened conscience of an impartial jury. In Georgia, unlike some states, a wrongful death claim is governed by no statutory formula or limit on damages.

The measure of damages in Georgia for wrongful death is the full value of the life of the deceased from the viewpoint of the decedent. This value includes both economic damages such as lifetime income, and other factors such as the enjoyment of living.

In terms of the actual value of a jury award, the economic component of the value of the life may be reduced to present value, but the intangible aspects of the value of the life in the award are not reduced to present value.

In terms of who has the right to pursue a claim on behalf of a decedent, a surviving spouse has the right to sue for wrongful death, but must share the recovery equally with surviving children of the decedent.  If there is no surviving spouse, the right goes to surviving children. If there is no surviving spouse or child, then the decedent's parents have the right to sue.

In addition to the wrongful death claim for the full value of the life, the administrator or executor of the decedent's estate has a claim for the decedent's medical and funeral expenses, and for conscious pain and suffering before death.

^{If you have any questions for us, or feel you or some one you know has a potential claim, please contact us and schedule a free consultation.  We will be happy to arrange a consultation where you are if you are unable to travel.}