Wrongful Death

If you are reading this page because you lost a loved one, then we want you to know from the bottom of our hearts that we are sorry. We hope that this site is helpful, and even if we are unable to take your case, we will do everything we can to provide you with answers.

Wrongful death occurs when a life is taken without legal justification. The five code sections of the Wrongful Death Act outline the various possible legal grounds for a wrongful death claim in Georgia, including:

• Criminal actions, including intentional homicide.
• Medical malpractice, such as surgical errors, medication errors, misdiagnosis, or medical injury.
• Defective products. Wrongful deaths caused by dangerous or defective consumer products such as appliances, drugs, medical devices, electronics, or vehicles may lead to product liability claims citing wrongful death.
• Faulty construction and engineering malpractice.
• Nursing home abuse or neglect.
• Driving under the influence of alcohol or illicit drugs.
• Contaminated food or other sanitation issues in commercial establishments.
• Pedestrian accident fatalities.
• Illegal or improper alcohol service, such as a bartender continuing to serve alcohol to a visibly intoxicated patron.

Who may file a Wrongful Death Action in Georgia:

Georgia law defines who the proper party to bring a wrongful death claim is. It proceeds as follows:

1. If the victim was married, the claim belongs to the spouse (although he/she may be required to share in the recovery if the victim did not have a will);

2. If the victim did not have a spouse, the wrongful death claim belongs to his/her children;

3. If the victim did not have a spouse or children, the claim belongs to his or her parents.

4. If the victim did not have a spouse, children, or living parents, then the right to pursue a claim transfers to the administrator of the victim’s estate.

What Can You Recover in a Wrongful Death Case:

No amount of money can replace human life. However, there are two distinct types of claims a party can file after a wrongful death in Georgia:

• “Full value of life”  O.C.G.A. §51-4-1  permits recovery for “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.”  

• 1. Economic Loss: These losses include the income the victim would have earned, including potential raises, had his or her life not been cut short, as well as the value of services provided around the house (such as cooking, home maintenance, child care, etc.)
• 2. Non-Economic Losses: There is no true formula for the measurement of non-economic losses in Georgia. Georgia judges instruct juries to measure non-economic losses from the standpoint of what the victim lost by not living a full life. For example, what does it mean to lose the ability to spend time with your family, watch your loved ones grow up, enjoy hobbies, etc.

• Estate claim. The estate of the deceased may claim damages for the financial cost of the accident. These may include funeral expenses and medical bills prior to death. In addition, the estate claim includes pain and suffering that the victim experienced prior to death.

If you have experienced a tragic death of a loved one, you may want to consider contacting the experienced Georgia wrongful death lawyers at Banks Weaver Law to see how we can help. All inquiries are kept strictly confidential and initial consultations are free.