Georgia’s wrongful death statute is unique.
While many states focus on what the survivors lost, Georgia law measures the damages from the viewpoint of the deceased.
The law asks: "What did the deceased lose?" This includes an economic and non-economic component, with the non-economic damages being traditional loss of enjoyment of life damages.
When somebody dies, the estate also has a claim for pre-death pain and suffering, funeral expenses, and all medical expenses and lost wages from the time of the injury until the time of death.
Personally, I like Georgia’s approach. I think it gives the most weight to the inherent dignity and value of human life. It recognizes that somebody’s worth is not tied to just what they financially provide to somebody else or the joy they bring to others.
I’m curious to hear about the law in other states and how others view their home state’s law. Join the conversation with me on LinkedIn.
