Losing a loved one is a profound tragedy that leaves an emotional void and often a significant financial burden. When a death is caused by the negligence or wrongful act of another person or entity, Georgia law provides a legal path for families to seek justice. At Simon Bridgers Spires, we focus on helping Atlanta families navigate the complex statutes governing wrongful death and survival actions.
Understanding what damages are recoverable is essential for securing the financial future of your family. In Georgia, the law splits these potential recoveries into two distinct categories: the Wrongful Death Claim and the Survival Action.
The Full Value of the Life of the Deceased
The primary claim in a Georgia wrongful death case focuses on the full value of the life of the decedent. Unlike many states that focus on the loss felt by the survivors, Georgia law uniquely looks at the value of life from the perspective of the person who was lost. This is a comprehensive valuation that includes both tangible and intangible elements.
Economic Damages: Tangible Contributions
Economic damages refer to the financial support the deceased would have provided had they lived. This is not limited to their current salary but looks at their entire career trajectory. Key factors include:
- Lost Wages and Future Earnings: This includes the total amount of money the person would have earned throughout their expected working life.
- Loss of Benefits: Compensation can include the value of retirement accounts, 401k contributions, health insurance, and other employment benefits.
- Value of Services: Georgia law recognizes that life is more than just a paycheck. A jury can consider the value of services the deceased provided to the household, such as childcare, cooking, home maintenance, and administrative tasks.
Non-Economic Damages: Intangible Value
The intangible part of the full value of life is often the most significant part of a verdict or settlement. It represents the “living” part of life. This includes the loss of:
- Companionship and Advice: The daily interaction, support, and guidance a spouse or parent provides.
- Life’s Experiences: The value of seeing children graduate, enjoying hobbies, celebrating holidays, and simply the pleasure of being alive.
Because there is no fixed formula for calculating the value of a human life, our attorneys work with economists and life care planners to present a vivid picture of the deceased’s impact on their family.
The Survival Action: Recovering Estate Losses
While the wrongful death claim belongs to the family, the survival action belongs to the deceased person’s estate. This claim “survives” the death and allows the estate to recover losses that occurred between the moment of the injury and the moment of death.
Common damages recovered in an Atlanta survival action include:
- Medical Expenses: Any hospital bills, ambulance fees, or emergency care costs incurred before the person passed away.
- Funeral and Burial Costs: Reasonable expenses for the funeral service, casket or cremation, and burial plot.
- Conscious Pain and Suffering: If the deceased survived for a period of time after the accident and was conscious, the estate can recover for the physical pain and mental anguish they suffered before death.
- Punitive Damages: In rare cases where the defendant’s conduct was particularly reckless or egregious (such as a DUI trucking accident), punitive damages may be awarded to punish the wrongdoer and deter others.
Who Has the Right to Recover in Atlanta?
Georgia law establishes a strict hierarchy for who can file a wrongful death claim in Atlanta:
- The Surviving Spouse: The spouse has the first right to file. If there are children, the spouse must share the recovery with them, but the spouse is always entitled to at least one-third of the total award.
- Surviving Children: If there is no surviving spouse, the children may file the claim.
- Surviving Parents: If there is no spouse or child, the parents of the deceased have the right to sue.
- The Administrator of the Estate: If none of the above relatives exist, the administrator or executor of the estate can file the claim for the benefit of the next of kin.
Navigating the Two-Year Statute of Limitations
In Georgia, you generally have only two years from the date of death to file a wrongful death lawsuit. While this may seem like a long time, building a case against an insurance company or a large corporation requires immediate action. Evidence such as security footage, black box data from vehicles, and witness memories can fade or disappear quickly.
Our Atlanta wrongful death lawyers leverage a deep understanding of defense strategies and insurance law to ensure no detail is overlooked. We believe every family deserves a legal team that sees the person behind the case and fights for the true value of the life they lived.
If you have lost a loved one in an accident, we are here to listen to your story and help you understand your options for recovery. Contact us today.