When a loved one is taken too soon because of another’s negligence, the loss is immeasurable. While no legal claim can restore the life that was lost, Georgia law provides a way for families to seek justice and financial recovery. Understanding how damages are measured in a Georgia wrongful death case is crucial because it is very different from how other states approach these claims.
How Georgia Law Measures Wrongful Death Damages
Georgia law is unique: the measure of damages is the “full value of the life of the decedent as shown by the evidence.” This means the jury is asked to consider the life from the perspective of the person who died—not the survivors.
It’s as if the loved one could speak directly to the jury, saying: “The defendant has stolen 10 years of my life.” The law then calls on jurors to reduce that loss into a money judgment, imperfect though it may be.
The “full value of life” has two parts:
- Economic value: This includes the decedent’s lost earnings and benefits, calculated over the course of their expected lifetime and reduced to present value. Economists often provide expert testimony to help establish this number. Importantly, even if the person was retired or a homemaker, their contributions—such as childcare, caregiving, or household services—still have measurable economic value.
- Intangible value: Life is more than wages. Jurors are also asked to consider the joys of living—family, relationships, milestones, and personal experiences. Evidence like photographs, family testimony, and stories helps show the richness of the life that was lost.
Claims That Belong to the Estate
In addition to the wrongful death claim pursued by surviving family members, the decedent’s estate has its own claims.
These include:
- Pain and suffering before death: If the loved one endured pain between the injury and their passing—even for minutes—the estate can recover damages.
- Medical expenses: Costs of treatment related to the fatal injury.
- Funeral and burial expenses: Costs associated with final arrangements.
These claims are usually brought by the executor or court-appointed administrator of the estate. It’s important to note that any recovery allocated to the estate may also be subject to outstanding debts or medical liens.
Who May Bring a Georgia Wrongful Death Claim?
Georgia law sets out a clear order of priority:
- A surviving spouse, who may also represent the interests of minor children.
- If no spouse survives, the children.
- If no spouse or children survive, the parents.
- If none of the above are living or able, the estate’s representative.
Why Experienced Legal Representation Matters
Proving damages in a Georgia wrongful death case is complex. It requires more than calculating lost wages—it demands painting a complete picture of the life that was taken, and explaining both the tangible and intangible value of that life to a jury. At the same time, careful attention must be paid to how funds are allocated between the heirs and the estate, particularly in settlement negotiations where medical liens may reduce the family’s recovery.
At Wrongful Death Krause Law Firm, we dedicate our practice exclusively to wrongful death claims. We work with economists, vocational experts, and families to ensure juries understand both the measurable and immeasurable value of the life that was lost.
Speak with Our Georgia Wrongful Death Attorney Today
If you have lost a loved one, you do not have to navigate this process alone. We offer compassionate guidance and aggressive advocacy to pursue the justice your family deserves. Contact us today for a complimentary consultation and learn how Georgia law applies to your case.