In Georgia, the damages in a wrongful death case is the “full value” of the decedent’s life. The “full value” of the life has economic and non-economic damages, and is measured from the decedent’s point of view.
Types of Damages
1. Economic Damages: These are quantifiable financial losses suffered as a result of the death, such as medical expenses, funeral and burial expenses, lost wages and benefits that the deceased would have earned, and other financial contributions the deceased would have made to their family. We work with economists, accountants, and other experts to fully capture each and every element of the economic damages that are to be presented.

2. Non-Economic Damages: These are more subjective and include factors such as the pain and suffering experienced by the deceased before death, the loss of companionship, consortium, and guidance to surviving family members, and the mental anguish suffered by the surviving family members due to the death. There is no “one size fits all” approach to non-economic damages, which is why engaging an experienced attorney is critical to showing a jury how unique and special the decedent’s life was, and why it is worth fully compensating.

3. Punitive Damages: In rare cases, punitive damages may be awarded if the defendant’s actions were particularly egregious or showed a reckless disregard for the safety of others. Punitive damages are awarded not only to deter future similar conduct, but also to punish the tortfeasor for his/her behavior. However, Georgia law imposes strict standards for the award of punitive damages, and if punitive damages are awarded, there is a cap on the amount that would go the claimant. With few exceptions, the cap on punitive damages in Georgia is $250,000.

Who Can File a Wrongful Death Claim
Georgia statutes determine who may file a wrongful death claim on behalf of a decedent, but generally it goes in order of relationship to the decedent. If the decedent was married at the time of his death, his wife would be the appropriate party. Children, parents, and siblings would be next in line. If none of these parties are available, then the executor or administrator of the deceased person’s estate can file the claim.
In Georgia, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. It’s crucial to file within this timeframe, as failure to do so can result in the claim being time-barred.
If damages are awarded in a wrongful death case, they are distributed very specifically according to Georgia law based upon the nature of the relationship between the decedent and the surviving heirs.
It’s important to note that each wrongful death case is unique, and the specific damages awarded will depend on the facts and circumstances of the case, as well as the skill of the attorneys involved in presenting the case. If you are involved in or considering a wrongful death case in Georgia, reach out to us for a free consultation so we can explain and protect your rights.