Compensation You Can Recover in Your Gainesville Wrongful Death Claim
Losing a loved one is devastating. When that loss is caused by the negligence of another, families are left with grief and difficult questions about justice. Georgia law recognizes the impact a wrongful death has and provides a framework for the surviving family members to pursue compensation. If you’re facing the tragedy of a wrongful death in Gainesville or North Georgia, it is important to understand what types of damages may be available and how they are determined.
The Legal Foundation in Georgia
Georgia law establishes two separate claims in wrongful death cases. The first is the claim for the “full value of the life of the decedent,” which can be brought by surviving family members under O.C.G.A. § 51-4-2. The second is an estate claim under O.C.G.A. § 51-4-5, which allows the victim’s family to recover expenses tied directly to the death, such as pre-death pain and suffering, medical bills and funeral costs. These claims often proceed together, but they serve different purposes. One focuses on the life the decedent was unable to live, while the other addresses expenses and suffering that occurred between the injury and the death in addition to funerary and related costs.
Full Value of the Life of the Decedent
The central measure of compensation in a Georgia wrongful death action is the “full value of the life of the decedent.” This standard is unique to Georgia and is assessed from the perspective of the person who died rather than from the survivors’ point of view. Courts and juries are asked to consider what the individual lost by not being able to continue their life.
Economic Value
Economic damages include the income, wages, and benefits the deceased would have been expected to earn during their lifetime. This calculation often requires expert testimony, such as economists or vocational specialists, who can project the decedent’s expected career trajectory, raises, retirement contributions, and other financial contributions. It also accounts for the value of services the deceased provided, such as childcare, home maintenance, or family caregiving. Importantly, Georgia law does not reduce this amount by subtracting personal living expenses, which means the figure reflects the full economic contribution of the deceased.
Non-Economic Value
The non-economic portion captures the intangible aspects of life. This includes the loss of experiences, enjoyment of life, companionship, and the ability to participate in family milestones and community. These elements are difficult to quantify, but they are central to the law’s recognition that a life is more than just earnings. Evidence in this area often comes from family testimony and personal accounts that show the role the decedent played in the lives of others and in the community.
Estate Claim or Survival Damages
The estate claim allows recovery for expenses and suffering the decedent endured between the time of injury and death. These damages belong to the estate and are ultimately distributed according to the decedent’s will or Georgia’s intestacy laws.
Recoverable items include medical expenses such as ambulance transport, emergency care, hospitalization, and surgeries performed before death; funeral and burial costs; and conscious pain and suffering experienced by the decedent. Proof in this area usually comes from medical records, bills, and testimony from treating providers. These damages can be significant, especially in cases where the deceased lived for hours, days, or weeks after the initial injury.
Additional Considerations
While wrongful death claims in Georgia do not generally allow punitive damages, they may be available in related estate claims if the defendant’s conduct was particularly egregious or reckless. In such cases, punitive damages are designed to punish and deter rather than compensate.
We Can Help: Lazenby’s Proven Results
At Lazenby Law Group, we have represented families through some of the most difficult wrongful death cases in North Georgia. Our work in the Holland case resulted in a $21 million verdict for the family of Kip Holland, a pedestrian who was killed by a tractor-trailer in Gainesville. This verdict was one of the largest in the nation that year and showed that our determined advocacy can overcome even aggressive defenses.
We also secured a $10 million settlement in the Freeman case, brought on behalf of the child of a young mother who died in a trucking collision. After years of doggedly pursuing justice for the family, this resolution ensured financial stability for the surviving child after the loss of his mother.
These cases illustrate Shane Lazenby’s commitment to standing with families, telling their stories, and pursuing full accountability under Georgia law.
Contact Us
The types of compensation available in a Gainesville wrongful death claim include the economic and non-economic value of the decedent’s life, medical and funeral expenses, and in some cases pre-death pain and suffering or punitive damages. Navigating these categories requires legal skill, detailed evidence, and compassion for the family involved.
At Lazenby Law Group, we combine our years of experience with a commitment to justice for families facing their hardest moments. If your family has suffered the wrongful death of a loved one, we are here to guide you through the process and fight for the recovery you deserve. Contact us today for a free consultation on your case.
