What does “full value of the life of the decedent” mean in a Georgia wrongful death claim?
This phrase is the measure of what a Georgia wrongful death claim seeks to recover: the worth of the life that was lost, viewed from the perspective of the person who died rather than from the survivors’ point of view. Georgia’s wrongful death statutes, O.C.G.A. § 51-4-1 and following, define the recovery as the full value of the life of the decedent as shown by the evidence, and that single concept shapes how these cases are presented and decided.
Whose loss the law measures ¶
A distinctive feature of Georgia law is that the recovery focuses on the value of the decedent’s own life, not on the grief or financial dependency of the family members bringing the suit. This sets the wrongful death claim apart from a survival claim, which addresses what the decedent personally endured before death. The wrongful death recovery asks what the life itself was worth.
Because the measure is the decedent’s life, certain things commonly central to other injury cases are not part of it. The survivors’ emotional pain and suffering, for example, is not what the wrongful death figure captures; the law is valuing the lost life, not compensating the mourners for their distress.
The two parts of life’s value ¶
Georgia courts describe the full value of the life as having two components:
- An economic part, reflecting what the decedent’s life was worth in financial terms, such as the income and services they would have provided over a normal lifetime.
- An intangible part, reflecting the value of living itself, including the experiences, relationships, and enjoyment that made up the person’s existence.
The economic side can be addressed with evidence like earnings and work-life expectancy. The intangible side does not lend itself to a formula and is left largely to the judgment of the jury.
How the figure is set ¶
Because life’s intangible value cannot be reduced to a calculation, Georgia entrusts it to the jury’s “enlightened conscience,” meaning the jurors apply their collective judgment and experience to arrive at a fair number. There is no fixed price list, and the same loss could be valued differently by different juries. The economic component, by contrast, is informed by concrete proof, though it too ultimately rests with the factfinder.
The bottom line ¶
In a Georgia wrongful death claim, the full value of the life of the decedent means the worth of the lost life as a whole, measured from the decedent’s perspective and split into economic and intangible parts. It centers on the value of the life itself, not the survivors’ grief, with the intangible portion left to the jury’s enlightened conscience.
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.