Tag: value of life

Valuing the Wrongful Death of a Child?

Posted by Jeff on

The death of a child is considered the single worst trauma a person can go through. The stress is so great that loved ones often suffer broken-heart syndrome, which presents like a heart attack. The wrongful death of a child makes coping (and healing) that much more unimaginable.

Gomez & Golomb counsels grieving families concerning their legal rights regarding wrongful death claims. We are compassionate, honest, and genuinely care about our clients’ well-being. We are not just here to get paid, but want to make a positive difference in people’s lives.

This post addresses how the Georgia court system values the wrongful death of a child. Of course, this is not something the family wants to think about. But, in the years that follow the child’s death, recovering enough money to help the family makes ends meet is essential.

In Georgia, the person or entity who caused the child’s death must compensate the deceased child’s family for “the full value of the life.” OCGA § 51-4-2(a). Importantly, the “full value of the life” is determined from the perspective of the child who died. Placing a monetary value on such pain, suffering, and loss is difficult, but Georgia has guidelines to help a jury assign a monetary value.  

The family is entitled to recover the full value of the deceased child without deducting for any of the deceased’s personal expenses had she lived. OCGA §§ 51-4-1(1), 51-4-4, 19-7-1(c). “[U]nder Georgia’s wrongful death statute, damages are measured from the decedent’s point of view.” Brock v. Wedincamp, 253 Ga. App. 275, 280 (2002).

The full value of a wrongful death of a child is comprised of two categories of damages:

(1) those items having a proven monetary value, such as lost potential lifetime earnings, income, or services, reduced to present cash value, and

(2) lost intangible items whose value cannot be precisely quantified, such as a parent’s society, advice, example and counsel as determined by the enlightened conscience of the jury.

Concerning the wrongful death of a child, the value of a child’s life is established by the enlightened conscience of an impartial jury as applied to the evidence in the case. This includes testimony as to such child’s age, life expectancy, precocity, health, mental and physical development, family circumstances, and from the experience and knowledge of human affairs on the part of the jury. Dep’t of Human Res. v. Johnson, 264 Ga. App. 730, 738 (2003).

We are here to help with any questions regarding the wrongful death of a child. Please call us at 404-382-9994.

Wrongful Death in Georgia – Who Makes the Claim

Posted by Jeff on

If your loved one has recently passed, we offer our sincere condolences. Losing a loved one is tragic, but at some point, the living must go on living. This means educating yourself regarding your family’s legal rights in order to make a full recovery on behalf of your loved one.

If your loved one’s death was caused by the negligence of another, who is entitled to make a claim? A claim may include include funeral expenses, medical expenses, pain and suffering before your loved one’s death, and the value of your loved one’s life that has been cut short?

To understand who can make a claim, we must first understand that Georgia law allows two different claims following a wrongful death: one is just referred to as a “wrongful death claim”, and the other is referred to as an “estate claim” or “survival claim”. The same person can bring both claims, but this isn’t necessarily the case.

Wrongful Death Claim

Under Georgia law, this claim belongs to the loved one’s spouse and children. See OCGA § 51-4-2. If the loved one had no spouse or children during their life, the loved one’s parents are entitled to make the claim. See OCGA § 19-7-1. Finally, if no spouse, children, or parents are alive, the court can appoint an administrator or executor to make the claim. See OCGA § 51-4-5. Relatives such as a sibling, uncle, aunt, or grandparent have no right to prosecute the wrongful death case.

We will discuss this in further detail in another blog. However, generally, a wrongful death claim includes recovery for the value of your loved one’s life had he or she not died prematurely.

Estate/Survival Claim

The administrator of your loved one’s estate is the party entitled to make claims for funeral, medical, and other necessary expenses and any claim for pain and suffering before death. OCGA § 51-4-5.

If you have any questions about who can make a wrongful death claim on behalf of your loved one, please call us. We have provided a very general overview, but many details and complications come up when applying these rules in real life.