Atlanta Personal Injury Lawyer

Under Georgia law, a wrongful death occurs when a person loses their life because of the negligence of another person.  Georgia law provides a statutory mechanism which allows for a lawsuit against and recovery from the person who caused the wrongful death.

A wrongful death actually creates two independent claims.  The first claim is properly brought by the estate of the deceased.  This claim allows for the recovery of any claims the deceased would have been able to bring if he had not died.  For example, suppose there is a car accident that causes serious injuries to a person.  That person goes to the hospital, is treated, and then dies several days later from wounds received in the car wreck.  The estate of the deceased would bring claims for the hospital and doctors’ medical bills, any lost wages, and for pain and suffering that the deceased felt between the time of the collision and time of death.

The second claim created is the claim of a living person to bring a wrongful death claim against the at-fault person.  By statute the proper party to bring the wrongful death claim is, in this order:  the spouse, any children of the deceased, and finally the parents of the deceased if there is no spouse or children.

Under Georgia’s wrongful death statute, damages are measured from the decedent’s point of view.  In other words, the measure of damages is not a son’s loss of his mother, but rather the mother’s loss from not being able to raise her son.  Brock v. Wedincamp, 253 Ga. App. 275, 558 S.E.2d 836 (2002).

In determining the value of a life, elements such as “age, life expectancy, precocity, health, mental and physical development, [and] family circumstances” will be considered by the jury using its knowledge of the human experience.  Williams. V. Worsley, 235 Ga. App. 806, 510 S.E.2d 46 (1998).

The measure of damages for wrongful death includes both the economic and non-economic value of the life of the deceased.

The economic value of a life is generally considered to be the amount the deceased would have earned in his lifetime, reduced to its present cash value.    Proof of this economic value is based upon the demonstrated earnings of the deceased.  Such proof will often take the form of tax returns and/or W-2′s.

How to address the non-economic value of a person’s life?  The value of a person’s life is more than economic earning power.  Many would argue that General George Washington was worth much more to the American Republic than his salary.  Georgia’s wrongful death statute recognizes the possibility of an intrinsic value of life separate and distinct from the wage earning power of the deceased.

Proving the value of the life of a decedent must be done indirectly since the deceased cannot testify directly.  Evidence will come from witnesses and documents.  Ultimately, the jury will return a monetary verdict which represents the value of the life of the deceased in economic and non-economic terms.