Under the North Carolina Wrongful Death Statute, damages that may be recovered for death by wrongful act include expenses for care, treatment and hospitalization incident to the injury resulting in the death, pain and suffering, reasonable funeral expense and the present monetary value of the deceased to the next-of-kin.
Georgia’s wrongful death statute provides for two categories of wrongful death damages. The claim brought by the surviving family members is for the “full value of the life of the deceased.” Unlike the North Carolina statute, Georgia’s wrongful death statute views the full value of the decedent’s life from the perspective of the decedent. That is, the value of the life is essentially what the decedent lost as a result of the premature death. This includes such particular items as lost wages and benefits together with the loss of companionship and other intangible benefits.
The second type of wrongful death damages in Georgia is the claim brought by the personal representative of the decedent’s estate. This claim includes funeral and burial expenses, any pain and suffering consciously suffered by the decedent prior to death and medical expenses related to the decedent’s last illness or injury.
There is no rule or precise formula for measuring the value of a wrongful death claim. The law governing the types of damages that may be awarded in a wrongful death case and the evidence used to prove those damages is complicated. Settling a wrongful death before our Accident and Injury Attorneys have an opportunity to carefully determine what damages may be available to you and prepare the most convincing evidence of those damages is not recommended.