Jarrett & Price – Pooler Georgia Wrongful Death Attorneys

Welcome to Jarrett & Price, a premier wrongful death law firm serving the greater Pooler, Georgia area. Losing a loved one is a harrowing experience, and when their loss results from the negligence or wrongful actions of others, the grief can be magnified. At Jarrett & Price, our mission is to ease your burden, fight for justice on behalf of your loved one, and help secure financial recovery to support your family’s needs in these challenging times.

The Georgia Wrongful Death Law

Under Georgia law, a wrongful death is defined as the death of a person caused by negligent, reckless, intentional, or criminal acts of another person or entity. The aim of a wrongful death claim is to compensate the surviving family members for the untimely death of their loved one.

According to Georgia’s Wrongful Death Act, found in O.C.G.A. § 51-4-2, the standard for determining damages in a wrongful death claim is “the full value of the life of the deceased, as shown by the evidence.” This involves both economic and non-economic factors, reflecting the true value of the lost life.

In Georgia, the value of the life of the decedent is determined from the perspective of the decedent, not the survivors. This means that the calculation is based on the full value of the life of the decedent had they not died, including both economic and non-economic factors.

The Georgia Court of Appeals explained this approach in the case of Georgia Power Co. v. Blum, 80 Ga. App. 618, 57 S.E.2d 18 (1950). The court held that “the measure of damages 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.”

Economic factors include the decedent’s projected earnings and benefits over their likely lifespan, as well as the services they would have provided. Non-economic factors can include intangible elements, such as the lost experiences, enjoyment, and self-fulfillment the decedent would have had.

The Georgia Supreme Court has consistently upheld the principle that the “full value of the life” standard, as prescribed by Georgia statute, is to be determined from the perspective of the decedent.

In a recent case, Bibbs v. Toyota Motor Corp., 304 GA 68, 73 (2018), the court upheld this principle. It stated, “the statute confers a right of action on the survivors of a decedent, but only to recover damages for injuries suffered by the decedent — as measured from her perspective — not damages for the separate-but-related loss sustained by the survivors themselves. This understanding is not of recent vintage and, in fact, has appeared in our case law from the very beginning.”

The Courts’ rulings have reinforced the view that the value of the decedent’s life should include not only the tangible economic factors such as lost potential earnings and benefits, but also intangible elements, reflecting the decedent’s loss of life’s experiences. This means the law as established in the Blum case still holds true today.

It’s important to note that the application of this law can be complex and may vary based on individual circumstances, which underscores the need for experienced legal counsel in wrongful death cases.

Who Can Bring a Wrongful Death Claim?

In Georgia, the following individuals have the legal standing to bring a wrongful death claim:

The deceased’s surviving spouse.
If there is no surviving spouse, the deceased’s children can file the claim.
If there are no surviving spouse or children, the claim can be brought by the deceased’s parents.
If none of the above are available, the administrator or executor of the deceased’s estate can file the wrongful death claim.

Proving the Value of a Life

At Jarrett & Price, we understand that no amount of money can truly compensate for the loss of a loved one. However, compensation can provide vital financial support for the surviving family members. In Georgia, the jury in a wrongful death lawsuit must consider several factors to determine the “full value” of the deceased’s life. This includes:

Economic Damages: These represent the tangible monetary contributions the deceased would have made to their family if they had lived. It includes factors such as lost wages, benefits, and other earnings, plus the value of services the deceased would have provided.
Non-Economic Damages: These are intangible elements that reflect the value of the life lived, such as the loss of companionship, care, guidance, and other elements of the familial relationship that have been lost due to the untimely death.

General Steps of a Georgia Wrongful Death Claim

In Georgia, the process of a wrongful death claim typically involves the following steps:

Consultation with an Attorney: The first step is to consult with an experienced wrongful death attorney who can help understand the circumstances of the case, determine its viability, and guide you through the process.
Investigation and Gathering Evidence: The attorney will then conduct a thorough investigation to gather all relevant facts and evidence, such as police reports, medical records, witness statements, and any other documentation that can help establish negligence and causation.
Filing the Claim: Once enough evidence has been gathered, the attorney will file a claim with the appropriate insurance company or court. This claim will detail the nature of the wrongful death and ask for specific damages.
Negotiations: If the claim is against an insurance company, the attorney will negotiate with the insurance adjuster in an attempt to reach a fair settlement. If a settlement cannot be reached, the attorney will proceed to file a lawsuit.
Filing a Lawsuit: If a settlement is not reached, a lawsuit will be filed in the appropriate Georgia court. The lawsuit will be served on the defendants who will have a chance to respond.
Discovery Process: During the discovery process, both sides have the opportunity to investigate the other party’s legal claims and defenses. They exchange a variety of information and can interview witnesses and experts.
Trial: If the case is not settled during the discovery process, it will go to trial. Both sides will present their case before a jury or a judge, who will then decide the outcome based on the evidence presented.
Verdict and Appeal: If the verdict is in your favor, the defendant is required to pay the awarded amount. If not, or if either party believes there were legal errors made, they can appeal the decision.
Collection: If a verdict or settlement is reached in your favor, the final step is collecting the award or settlement. This might involve additional legal proceedings, particularly if the defendant refuses to pay or is unable to pay the entire amount immediately.

These are general steps and the actual process may vary based on the specifics of your case.

Free Consultation

At Jarrett & Price, our attorneys are skilled at assembling compelling cases that accurately reflect the full value of a life lost due to the negligence of others.

For a free consultation or to learn more about your legal options, please contact us today. Our committed and compassionate attorneys are here to guide you through every step of the complex wrongful death claim process. At Jarrett & Price, we believe in securing justice for your loved ones and support for the families they left behind.