Atlanta Wrongful Death Lawyers
Damages for Wrongful Death
Once the plaintiff has established the defendant’s liability in a wrongful death suit, the plaintiff must prove the type and amount of damages to which he or she is entitled.The Law Offices of Wayne Grant, P.C. has dedicated its practice to helping injured people receive the compensation they deserve. The amount and type of damages available in a wrongful death case vary based upon the particular circumstances. Some types of damages and methods for calculating damages are described below. If a loved one has been wrongfully injured or killed, feel free to call our Atlanta wrongful death attorneys to discuss the damages that may be recoverable in your case.
Amount of Damages
Georgia wrongful death law places no statutory limit on the amount of damages that can be awarded for a wrongful death claim. Generally, the jury determines the amount of damages in a wrongful death suit. O.C.G.A. § 51-12-12(a). The amount of damages awarded is a fact-specific determination and can vary dramatically from case to case. The jury may consider the decedent’s age, life expectancy, occupation, health condition, spending habits, level of activity, interests, death and surrounding circumstances along with other factors in determining an appropriate damage award.
Full Value of the Life of the Decedent
Georgia wrongful death law seeks to redress entitled parties with an amount that represents the “full value of the life of the decedent,” the monetary value of the deceased’s life established by the evidence with no deductions for any of the deceased’s necessary or personal expenses had he or she lived. O.C.G.A. § 51-4-1(1). The full value of the life of the decedent may include items with proven monetary value like lost potential lifetime earnings, income, or services, reduced to present cash value, or lost intangibles like a parent’s society, advice, and counsel as determined by the “enlightened conscience of jury.” Consolidated Freightways Corp. v. Futrell, 410 S.E.2d 751 (Ga.Ct.App. 1991). The full value of the life of the decedent is a figure that the jury is asked to decide using their “enlightened conscience.” As discussed above, the jury may consider both economic and noneconomic factors in determining the full value of the life of the decedent. The full value of the life is determined from the perspective of the decedent. This means that the experiences that the decedent has missed because of an untimely death are used in order to evaluate the intangible (non-economic) losses.
Pain and Suffering
Pain and suffering damages may be available where it is demonstrated that the decedent suffered before death occurred. Whether, how much, and how long the plaintiff suffered are issues for the jury to decide. Similarly, the measure of damages is also determined by the “enlightened consciences of fair and impartial jurors.” Walker v. Daniels, 407 S.E.2d 70 (Ga.Ct.App. 1991). The fact-intensive issue of whether a decedent was conscious and suffered pain or anxiety before their death is frequently disputed. Performing a thorough investigation, collecting and presenting evidence, and delivering a persuasive argument to the court are critical tasks for an experienced trial attorney whenever pre-death pain and suffering damages are at stake.
Medical and Funeral Expenses
Damages based upon the decedent’s funeral expenses, medical costs, and “other necessary expenses resulting from the [decedent’s] injury and death” may also be recoverable in a wrongful death suit. O.C.G.A. § 51-4-5(b).
Punitive Damages
Punitive damages, or exemplary damages, are awarded in torts cases to punish or deter a defendant. O.C.G.A. § 51-12-5.1(a). Punitive damages may be awarded only where the plaintiff establishes that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or a high degree of carelessness. O.C.G.A. § 51-12-5.1(b). Generally, to justify a claim for punitive damages, aggravating circumstances must exist in the act or the intention of the wrongdoer.
