Who decides what a person’s life was worth in a Georgia wrongful death case?
The jury decides. In a Georgia wrongful death case that goes to trial, valuing the lost life is the jury’s job, and Georgia gives the jury unusually broad latitude to do it. The statutes, O.C.G.A. § 51-4-1 and following, direct that the recovery be the full value of the life of the decedent as shown by the evidence, and they leave the assessment of that value to the factfinder.
The jury as the valuer of life ¶
Because much of what makes a life valuable cannot be reduced to a calculation, Georgia trusts the jury to set the figure using its “enlightened conscience.” That phrase means jurors apply their own experience, judgment, and knowledge of human affairs to decide what the life was worth, especially the intangible side that no expert can price. The court instructs the jury on the legal standard, but the dollar figure for life’s intangible value is theirs to determine.
The judge plays a supporting role. The court rules on what evidence comes in, instructs the jury on the law, and can review a verdict for legal sufficiency. The judge does not, however, substitute a personal estimate of the life’s worth for the jury’s.
What the jury weighs ¶
In reaching a number, the jury considers both components of the full value of the life:
- The economic value, informed by evidence of the decedent’s earnings, benefits, and services over an expected lifetime.
- The intangible value, meaning the worth of living itself, which the jury assesses without any requirement of dollar proof.
For the economic part, experts such as economists may help the jury understand the figures, but the jury weighs that testimony and is not bound to adopt it. For the intangible part, there is no formula at all, which is why the same loss can yield different verdicts before different juries.
When a case does not reach a jury ¶
Not every wrongful death claim is decided by a verdict. Many resolve through settlement, in which the parties themselves agree on a value rather than leaving it to a jury. If a valid arbitration agreement applies, an arbitrator may decide instead of a jury. But where the case is tried, the jury is the decision-maker on what the life was worth.
The bottom line ¶
In a Georgia wrongful death case, the jury decides what a person’s life was worth, applying its enlightened conscience to the intangible value and weighing the evidence on the economic value. The judge governs the law and the evidence, while settlement or arbitration can place the valuation in other hands when a case does not go to trial.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.