Under Georgia law, when a death results from a crime or negligent act, the estate of the deceased (the “Estate”), is entitled to recover two general types of damage. The first is damages from the negligent party for funeral expenses, medical expenses, and any other expenses flowing from the injury or death. This portion of the wrongful death damages is limited and precise (and known as special damages in legal terms). The second element of damages is not.
In addition to the above, the measure of wrongful death damages in Georgia includes the full value of the life of the decedent without deducting for any of the personal expenses had the decedent lived. In other words, the Estate can also recover the amount equal to what the deceased would have recovered from the negligent party had the deceased lived but rendered totally disabled.
Wrongful death is a horrific event, to say the least. Nothing can bring the deceased back. However, Georgia laws are in place in order to financially compensate the victim’s family. If you would like to discuss your case with one of our experienced Georgia injury lawyers in complete confidence, please call Robert J. Fleming directly at (404) 923-7497. We are here to help.