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Home > Civil Legal Matters > Wrongful Death

In Georgia, a claim for wrongful death may arise where the death of a human being results from a crime, from criminal negligence or other negligence or from something which has been defectively manufactured.

A defendant may be held liable where it appears that his or her negligence was the sole cause of the death complained of or that his negligence put in operation other causal forces which were the direct, natural and proximate consequences of the defendant's original act.

Under Georgia law, the measure of damages in a wrongful death action is the full value of the life of the decedent, without deducting for any of the necessary or personal expenses of the decedent had he lived.

Under Georgia law, punitive damages are not recoverable in a wrongful death action. However, they may be collected in an action for loss of coonsortium.

Elements of the Full Value of the Life of Decedent
Economic value of the decedent's normal Life expectancy. Factors to be considered: (a) Lifetime earnings based upon life expectancy and future yearly income, or value of decedent's services, reduced to present day value.
Intangible element incapable of exact proof. Factors to be considered. (a) Decedent's loss of intangible personal relationships with loved ones. (b) Loss of society, advice, counsel and companionship with the plaintiff. (c) Value of services rendered by decedent.

In today's online world a lawyer's traditional role is still of vital importance. That is why I give a free consultation to any Georgia resident with a legal problem in Georgia. There is no obligation to hire me to pursue your legal problem, however, rest assured that anything discussed through my free online consultation will be held in the strictest of confidence. I have tried to make my web site reflect who I am as an attorney and the areas in which I practice. Feel free to browse its pages and to contact me.



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