Under Georgia law, there are two claims that may be brought in a wrongful death action. First is the claim by the family members (the wrongful death claim) and the second is the claim of the estate of the deceased (the estate claim). Usually, the surviving spouse brings the claim, but if there is no surviving spouse or close relatives then a personal representative may be appointed.
The person bringing a
wrongful death claim is entitled to be compensated for the full value of the life of the decedent, as shown by the evidence. The full value of the life of the decedent includes economic damages such as a loss of lifetime earnings as well as non-economic damages like loss of companionship, counsel and advice as determined by the enlightened conscious of the jury.
The person bringing the estate claim is entitled to recover for medical bills, pain and suffering and funeral expenses. Pain and suffering may be a valuable part of the claim if there was pain and suffering or pre-impact fright. In some situations there may be aggravating circumstances such as tractor-trailer brakes that are out of adjustment, or other acts of gross negligence that warrant the imposition of punitive damages. In sum, a family that has suffered a loss due to the negligence of someone else can recover for the loss of income, love, affection, companionship, and advice of the loved one.
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