Georgia's wrongful death statute, dating back to before the Civil War,
is one of the best in the US at respecting the value of human life.
However, the statute does have several potential "trapdoors" due to
court interpretations of the patchwork of awkwardly worded nineteenth
century phrases in the statute. It is important to have an experienced
Georgia lawyer who is familiar with those "trapdoors."
When a
loved one is killed by someone else's negligence, surviving family
members may have mixed feelings about making a monetary claim for the
death. Certainly no amount of money can bring the departed loved one
back to life.
However, a monetary award is the only way civil
law can recognize the value decedent's life, compensate for the death,
and penalize the party at fault. Skillful advocacy at trial may produce
an award the truly memorializes the life of the deceased family member
while providing funds to provide for dependents, educate the next
generation, and support worthy causes.
Georgia Wrongful Death Compensation
In Georgia, the measure
of damages for wrongful death is the full value of the life of the
deceased, from the perspective of the decedent. It includes both
economic damages (projected lifetime income, with no deduction for
living expenses or income taxes, value of services, etc.) 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. Unlike some states, Georgia imposes no
statutory formula or arbitrary limit on the damages awarded in a
wrongful death case.
The economic component of the value of the
life may be reduced to present value under Georgia wrongful death law,
but the intangible aspects of the value of the life are not reduced to
present value.
Because valuation of a wrongful death claim is
affected by many factors, including disputed issues of liability,
contributory negligence comparative negligence, assumption of risk, and
proximate causation, it is important not to confuse the value of a case
with the true value of the departed loved one's life.
However,
Georgia juries unrestrained by any artificial limitations can make it
clear that all God's children are of immense value. However, that does
not happen without skillful trial advocacy.
Who Can Sue For Wrongful Death?
A surviving spouse
has the right to sue for wrongful death in Georgia, 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 a
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.
Rights Of Children Of Deceased Parent
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 under Georgia law. 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 uninvolved absentee father being limited to as little as
one half of one percent of the total 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, an
anomaly in current Georgia law requires that an 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. Punitive damages may be awarded in connection with such a
survival action on behalf of the estate.
Within the requirements
of allocation of damages to the spouse and children, survivors can
choose to put a monetary award for wrongful death to any good use,
whether to support a family deprived of the breadwinner, to educate
children, or to fund a charity in the memory of the deceased.
The
laws governing wrongful death actions, evidence and procedure in other
states may differ significantly from Georgia law. Each case is unique.
If the events and parties causing a death involve more than one state,
we try to consider all the options with regard to choice of law and
choice of the court in which a case should be filed. When
appropriate, we have occasionally associated local counsel in another
state and obtained admission to practice pro hac vice, in order to
litigate individual wrongful death cases in states other than Georgia. Find out more at http://www.georgiainjurylawyer.com