On
this page is the full text of the Georgia statutes most often involved
in wrongful death cases There is an extensive body of case law
interpreting these statutes.
O.C.G.A § 51-4-1.
As used in this chapter, the term:
(1)
"Full value of the life of the decedent, as shown by the evidence"
means the full value of the life of the decedent without deducting for
any of the necessary or personal expenses of the decedent had he lived.
(2)
"Homicide" includes all cases in which the death of a human being
results from a crime, from criminal or other negligence, or from
property which has been defectively manufactured, whether or not as the
result of negligence.
O.C.G.A § 51-4-2.
(a) The surviving
spouse or, if there is no surviving spouse, a child or children, either
minor or sui juris, may recover for the homicide of the spouse or
parent the full value of the life of the decedent, as shown by the
evidence.
(b)(1) If an action for wrongful death is brought by a
surviving spouse under subsection (a) of this Code section and the
surviving spouse dies pending the action, the action shall survive to
the child or children of the decedent.
(2) If an action for
wrongful death is brought by a child or children under subsection (a)
of this Code section and one of the children dies pending the action,
the action shall survive to the surviving child or children.
(c) The
surviving spouse may release the alleged wrongdoer without the
concurrence of the child or children or any representative thereof and
without any order of court, provided that such spouse shall hold the
consideration for such release subject to subsection (d) of this Code
section.
(d)(1) Any amount recovered under subsection (a) of this
Code section shall be equally divided, share and share alike, among the
surviving spouse and the children per capita, and the descendants of
children shall take per stirpes, provided that any such recovery to
which a minor child is entitled and which equals less than $15,000.00
shall be held by the natural guardian of the child, who shall hold and
use such money for the benefit of the child and shall be accountable
for same; and any such recovery to which a minor child is entitled and
which equals $15,000.00 or more shall be held by a guardian of the
property of such child.
(2) Notwithstanding paragraph (1) of this
subsection, the surviving spouse shall receive no less than one-third
of such recovery as such spouse's share.
(e) No recovery had under subsection (a) of this Code section shall be subject to any debt or liability of the decedent.
(f)
In actions for recovery under this Code section, the fact that a child
has been born out of wedlock shall be no bar to recovery.
O.C.G.A § 51-4-4.
The right to recover for the homicide of a child shall be as provided in Code Section 19-7-1.
O.C.G.A § 51-4-5.
(a)
When there is no person entitled to bring an action for the wrongful
death of a decedent under Code Section 51-4-2 or 51-4-4, the
administrator or executor of the decedent may bring an action for and
may recover and hold the amount recovered for the benefit of the next
of kin. In any such case the amount of the recovery shall be the full
value of the life of the decedent.
(b) When death of a human being
results from a crime or from criminal or other negligence, the personal
representative of the deceased person shall be entitled to recover for
the funeral, medical, and other necessary expenses resulting from the
injury and death of the deceased person.
O.C.G.A § 19-7-1.
(a)
Until he reaches the age of majority, the child shall remain under the
control of his parents, who are entitled to his services and the
proceeds of his labor. In the event that a court has awarded custody of
the child to one parent, only the parent who has custody of the child
is entitled to his services and the proceeds of his labor.
(b) Parental power shall be lost by:
(1) Voluntary contract releasing the right to a third person;
(2) Consent to the adoption of the child by a third person;
(3) Failure to provide necessaries for the child or abandonment of the child;
(4) Consent to the child's receiving the proceeds of his own labor, which consent shall be revocable at any time;
(5) Consent to the marriage of the child, who thus assumes inconsistent responsibilities; or
( 6) Cruel treatment of the child.
(b.1)
Notwithstanding subsections (a) and (b) of this Code section or any
other law to the contrary, in any action involving the custody of a
child between the parents or either parent and a third party limited to
grandparent, great-grandparent, aunt, uncle, great aunt, great uncle,
sibling, or adoptive parent, parental power may be lost by the parent,
parents, or any other person if the court hearing the issue of custody,
in the exercise of its sound discretion and taking into consideration
all the circumstances of the case, determines that an award of custody
to such third party is for the best interest of the child or children
and will best promote their welfare and happiness. There shall be a
rebuttable presumption that it is in the best interest of the child or
children for custody to be awarded to the parent or parents of such
child or children, but this presumption may be overcome by a showing
that an award of custody to such third party is in the best interest of
the child or children. The sole issue for determination in any such
case shall be what is in the best interest of the child or children.
(c)(1)
In every case of the homicide of a child, minor or sui juris, there
shall be some party entitled to recover the full value of the life of
the child, either as provided in this Code section or as provided in
Chapter 4 of Title 51.
(2) If the deceased child does not leave a
spouse or child, the right of recovery shall be in the parent or
parents, if any, given such a right by this paragraph as follows: (A)
If the parents are living together and not divorced, the right shall be
in the parents jointly; (B) If either parent is deceased, the right
shall be in the surviving parent; or (C) If both parents are living but
are divorced, separated, or living apart, the right shall be in both
parents. However, if the parents are divorced, separated, or living
apart and one parent refuses to proceed or cannot be located to proceed
to recover for the wrongful death of a child, the other parent shall
have the right to contract for representation on behalf of both
parents, thereby binding both parents, and the right to proceed on
behalf of both parents to recover for the homicide of the child with
any ultimate recovery to be shared by the parents as provided in this
subsection. Unless a motion is filed as provided in paragraph (6) of
this subsection, such a judgment shall be divided equally between the
parents by the judgment; and the share of an absent parent shall be
held for such time, on such terms, and with such direction for payment
if the absent parent is not found as the judgment directs. Payment of a
judgment awarded to the parent or parents having the cause of action
under this subparagraph or the execution of a release by a parent or
parents having a cause of action under this subparagraph shall
constitute a full and complete discharge of the judgment debtor or
releasee. If, after two years from the date of any recovery, the share
of an absent parent has not been paid to the absent parent, the other
parent can petition the court for the funds, and the recovery, under
appropriate court order, shall be paid over to the parent who initiated
the recovery.
(3) The intent of this subsection is to provide a
right of recovery in every case of the homicide of a child who does not
leave a spouse or child. If, in any case, there is no right of action
in a parent or parents under the above rules, the right of recovery
shall be determined by Code Section 51-4-5.
(4) In this subsection
the terms "homicide" and "full value of the life" shall have the
meaning given them in Chapter 4 of Title 51.
(5) In actions for recovery, the fact that the child was born out of wedlock shall be no bar to recovery.
(6) For cases in which the parents of a deceased child are divorced,
separated, or living apart, a motion may be filed by either parent
prior to trial requesting the judge to apportion fairly any judgment
amounts awarded in the case. Where such a motion is filed, a judgment
shall not be automatically divided. A post-judgment hearing shall be
conducted by the judge at which each parent shall have the opportunity
to be heard and to produce evidence regarding that parent's
relationship with the deceased child. The judge shall fairly determine
the percentage of the judgment to be awarded to each parent. In making
such a determination, the judge shall consider each parent's
relationship with the deceased child, including permanent custody,
control, and support, as well as any other factors found to be
pertinent. The judge's decision shall not be disturbed absent an abuse
of discretion.Find out more at http://www.georgiainjurylawyer.com/
[Note: The trial court has very broad discretion in
allocating a wrongful death award between parents. The Court of Appeals
has approved allocation of as little as 0.5% of a wrongful death award
to an uninvolved biological father of a deceased child.]