Damages in an Atlanta Accidental, Wrongful Death Lawsuit

Under Georgia law, in a wrongful death action, the surviving family members are entitled to recover an amount that represents the full value of the life of the deceased. The full value of the life of the decedent is viewed from the perspective of the decedent, and is not valued on the basis of the loss experienced by the family.

Amount of Damages

The full value of the life of the decedent is a figure which the jury is asked unanimously to decide upon by using their "enlightened conscience." The jury is instructed to include within the full value of the life of the decedent both economic damages and non-economic damages. The economic damages are based upon the lifetime earnings that the decedent would have made without deduction for living expenses or income taxes. The non-economic aspect to the full value of the life includes such intangibles as the enjoyment of life and experience of living. Once again, this is viewed from the perspective of the decedent. Thus, the jury must be given, through the evidence, a feeling to what the decedent would and could have experienced that would have been enjoyed. For example, the premature death of a father could deprive the decedent of the experience and enjoyment of seeing his children graduate from college or the enjoyment of having grandchildren.

There is no limit on the amount of damages that can be awarded for wrongful death under Georgia law.

Punitive damages are not recoverable in wrongful death actions where death occurs instantaneously. O.C.G.A. § 51-12-5.1(c). However, where there has been an injury and a period of suffering prior to death, punitive damages, if appropriate, may be recoverable by the estate of the decedent. Generally, to authorize a claim for punitive damages, there must be aggravating circumstances either in the act or the intention of the wrongdoer. Intentional acts or recklessness which exceed mere negligence may authorize a claim for punitive damages.

Present Value

When calculating the economic component of the full value of the life of the decedent, the jury is instructed to reduce such amount to present dollar value. Because wrongful death awards are paid in a lump sum, the beneficiary essentially receives monies representing sums that the decedent would have received over the course of the his/her life. In order to correctly assess the present value of this future stream of income, a reduction to present value is necessary.

How is present value calculated?

In order to calculate present value, the future loss (economic) is first calculated ordinarily using a life expectancy table. In Georgia, the table that we most frequently use and place into evidence for consideration by the jury is the Annuity Mortality of 1949 Ultimate. This table is only a guide and the jury may consider the life habits and health of the decedent in estimating life expectancy. The jury may conclude that the life expectancy of the decedent is either longer or shorter than the number of years set forth in the table.

After arriving at probable life expectancy, the number of years that the decedent would have lived is multiplied by the annual income that would have been received. Once this future loss is calculated, it is discounted using a mathematical formula. The purpose for discounting this sum is to arrive at the present value of the lost dollars that would have been received by the decedent over a period of time.

Distribution of Damages

Under Georgia law, a surviving husband or wife has the right to sue for the wrongful death of his or her spouse. Although the surviving spouse brings the claim, the recovery must be shared equally with the surviving children of the decedent.

Where there is no surviving spouse, the right of recovery in a wrongful death action belongs to the surviving children. Where neither a spouse nor child survive the decedent, the decedent's parents possess the cause of action for wrongful death. This is often the situation where the decedent is single or a minor.

Where there is no surviving spouse, child or parent, a lawsuit for wrongful death can be filed on behalf of the next of kin.

In all matters involving Atlanta wrongful death law it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the Atlanta wrongful death statute of limitations. If a loved one has been a victim of wrongful death in Atlanta, call us now at 404-942-2305 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the Atlanta wrongful death statute of limitations expires.

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