Atlanta
Auto Accident Attorneys
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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