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When someone dies because of another person’s negligence, Georgia law uses a specific measure to determine wrongful death damages. It is called the full value of the life of the decedent.
The focus is on the value of the life the person lost, viewed from the perspective of the person who died. That can include both the financial value of the person’s life and an intangible value that cannot be reduced to a simple formula.
This page explains how Georgia’s full value of life in a wrongful death case works. For a broader explanation of who may file a claim, deadlines, and other issues involved in these cases, visit our Georgia Wrongful Death Lawyer page.
Under O.C.G.A. § 51-4-1, the full value of the life of the decedent means the full value of that person’s life as shown by the evidence, without deducting the necessary or personal expenses the person would have incurred if they had lived.
Georgia courts recognize two general parts of this value: an economic component and an intangible component. Earnings and financial contributions can be part of the analysis, but a person’s life is not valued by income alone.
The intangible side accounts for the value of living one’s own life, including the experiences, relationships, activities, and other parts of life that do not have a fixed dollar amount.
No. Georgia’s wrongful death measure does not simply ask how much money the surviving family lost or how much grief they experienced.
The focus is on the decedent’s loss. In other words, the question is what the person who died lost by no longer being able to live the rest of their life.
That difference matters in a wrongful death claim in Georgia. The emotional pain suffered by a spouse, child, or parent may be very real, but the statutory measure of wrongful death damages in Georgia is the full value of the life of the person who died.
Georgia courts recognize an economic component and an intangible component when considering the full value of a person’s life.
The economic component looks at the financial side of the person’s life.
Depending on the facts, evidence may include:
This is not simply a matter of multiplying the person’s last paycheck by the number of years they might have continued working.
Future earnings may also need to be reduced to present cash value when appropriate.
The intangible component reflects the value of living one’s own life beyond wages or financial contributions.
Georgia courts recognize that this part of the claim cannot be calculated with an exact mathematical formula.
Evidence may help show the person’s:
The focus remains on the value of those experiences to the person who died, rather than simply on the emotional loss suffered by the surviving family.
No.
O.C.G.A. § 51-4-1 specifically states that the full value of the decedent’s life is determined without deducting the necessary or personal expenses the person would have incurred if they had lived.
That means expenses such as the person’s ordinary living costs are not simply subtracted from the value of the life.
This is an important part of Georgia’s wrongful death law because it is designed to measure the value of the life itself, not merely the amount of money the person might have saved after paying personal expenses.
There is no single document that establishes what a person’s life was worth.
Economic evidence may include:
The intangible side of the case may involve more personal evidence.
Family members, friends, coworkers, and others who knew the person may be able to explain how that person lived, what mattered to them, and how they spent their time.
Photographs, videos, and other records may also help show the person’s relationships, interests, routines, activities, and day-to-day life.
The goal is to present evidence of the whole life, not simply the person’s income.
A person’s current paycheck does not determine whether their life has value under Georgia wrongful death law.
That can be particularly important when the person who died was a child, retired, unemployed, or otherwise did not have a traditional earnings history.
A child may have little or no earnings history, but Georgia law still allows a wrongful death claim seeking the full value of the child’s life.
There is no fixed wage-based formula for determining that value.
Because there may be limited economic history to examine, evidence concerning the intangible value of the child’s life can play an important role in the case.
The value is determined from the evidence rather than by assuming that a life with little or no earnings history has little value.
The same general principle applies when the person who died was retired.
The absence of current wages does not eliminate the full value of that person’s life.
Depending on the circumstances, evidence may include the person’s age, health, activities, household contributions, relationships, and the intangible value of continuing to live and experience their life.
Current income is one factor that may be considered, but it is not the entire measure.
There is no Georgia chart or calculator that assigns a fixed dollar amount to a person’s life.
If a wrongful death case goes to trial, the jury considers the evidence and determines the full value of the decedent’s life.
That is one reason wrongful death cases can vary significantly. Two people may have similar incomes but very different lives, family relationships, activities, health histories, career paths, and other circumstances.
The evidence has to tell the story of the individual person.
Yes.
The wrongful death claim seeks damages based on the full value of the life of the person who died.
The decedent’s estate may also have separate claims arising from the death. Depending on the circumstances, those claims may include medical expenses, funeral expenses, and conscious pain and suffering before death.
The wrongful death claim and estate claim therefore address different losses and may belong to different parties.
Our Georgia Wrongful Death Lawyer page explains more about how these claims fit together and who may have the right to pursue them.
A wrongful death case may require much more than wage records and a financial calculation.
The evidence should help show both the economic side of the person’s life and the parts of that life that cannot be measured by a paycheck.
Brodie Law Group can gather employment and financial records, identify witnesses, preserve photographs and videos, and work with appropriate experts when economic projections are necessary. We can also handle communications with the insurance company and organize the evidence supporting the claim.
The goal is to present a clear picture of the life that was lost and the evidence Georgia law allows to be considered.
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No. Georgia law does not provide a fixed mathematical formula for determining the full value of a person’s life. The value depends on the evidence presented in the individual case.
No. Employment and earnings may be relevant to the economic component, but the full value of a life is not limited to wages. Georgia law also recognizes an intangible component.
No. O.C.G.A. § 51-4-1 states that necessary or personal expenses the person would have incurred are not deducted when determining the full value of the life.
Yes. Georgia law allows a wrongful death claim seeking the full value of a child’s life even when the child does not have an established earnings history.
No. The calculation focuses on the full value of the decedent’s life from the decedent’s perspective, rather than the surviving family’s emotional distress.
If someone in your family died because of another person’s negligence, questions about the possible value of the claim is only one part of what you may be dealing with.
Brodie Law Group can explain how Georgia wrongful death law applies to your circumstances, what evidence may matter, and what options may be available.
Call our wrongful death lawyers in Georgia at (478) 239-2780 or contact us online for a free consultation.
A father was killed while driving to work when another driver pulled out in front of his vehicle.
A husband was killed while driving home from work when another driver rear-ended his vehicle as he was turning into his driveway.
A husband and wife were riding a motorcycle when a driver failed to yield while making a left turn at an intersection. The wife was killed in the crash.
* Past results do not guarantee future outcomes. Every case is different and depends on its own facts.