Wrongful Death--The Concept of "Full Value" of Life
In
Georgia
Compensation for a wrongful death is calculated as the "full value" of of the life of the deceased, from the viewpoint of the deceased. It includes both economic damages (lifetime income, with no deduction for living expenses or income taxes) and intangible factors such as the enjoyment of the experience of living. The full value of the life is determined solely by the enlightened conscience of an impartial jury.
When someone's life is wrongfully cut short due to the negligence of another, the negligent party should be held accountable. Unlike some states, Georgia wrongful death law includes no with no statutory formula or limit on damages. However, Georgia juries generally follow the state motto of "wisdom, justice and moderation" in their exercise of this broad discretion. 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 are not reduced to present value.
A surviving spouse has the right to sue for wrongful death, but must share the recovery equally with surviving children of the decedent. Where the surviving spouse is required to share a wrongful death recovery with the decedent's minor child, the child's share up to $15,000 may be held by the child's natural guardian without posting a bond. If a minor child's share of the recovery is $15,000 or more, a guardian of the child's property must be qualified in probate court, and a bond posted. The bond requirement may be avoided if the probate court approves an structured settlement with annuity payments going to the child after attaining age 18, with the cash held by the child's natural guardian remaining less than $15,000. If there is no surviving spouse, the right goes to surviving children. If the surviving spouse is missing, a court may permit the children to pursue the death claim alone. If there is neither a spouse nor child surviving, then the decedent's parents have the right to sue. If the parents of a deceased child are divorced or living apart, the trial court has full discretion to allocate the wrongful death recovery between them, considering any pertinent factors. There have been cases of an absentee father being limited to as little as three percent of recovery for the wrongful death of a child. In the absence of a surviving spouse, child or parent, the administrator of the decedent's estate can sue on behalf of the next of kin.
Even if the next of kin is a minor, e.g., a sibling, current law requires that the administrator file suit within two years from the date of death. 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 or concerns, please contact us. You may use our interactive contact form, send us an email, or call us at 404.521.3455.
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