July 29, 2007

Large Trucks Involved In More Fatal Accidents Than Cars

Our lawyers handle more fatal accident cases involving large trucks, than fatal accidents involving automobiles. Our experience is supported by national statistics.

On average, drivers of large trucks travel many more miles than passenger vehicle drivers. In 2005, large trucks accounted for 3 percent of registered vehicles and 7 percent of miles traveled. Per unit of travel, large trucks are involved in more fatal crashes than passenger vehicles — 2.1 compared with 1.7 crashes per 100 million miles traveled in 2005.

The disparities between large trucks and passenger vehicles vary by specific vehicle type, with passenger cars having the lowest fatal involvement rate (1.5) and tractor-trailers having the highest rate (2.4). The higher fatal involvement rate for large trucks occurs although much higher proportions of their miles are traveled on interstate highways, which are the safest roads.

The higher fatal involvement rate is attributable to the size disparity between large trucks and passenger vehicles. Large trucks have a lower rate of nonfatal crashes resulting in injuries or property damage only compared with passenger cars.

July 27, 2007

MEDICAL MALPRACTICE IN GEORGIA

In 2005, the Georgia General Assembly enacted the so-called “Tort Reform” Act which greatly affected medical negligence claims in the State of Georgia. The stated intent was to lower insurance rates for physicians and healthcare providers. However, while severely restricting the rights of individual citizens to seek redress in the Courts, and increasing the burdens on plaintiff’s lawyers, the insurance rates of healthcare providers have not decreased.

While the requirements of bringing a medical malpractice case and the standards for obtaining experts have been greatly increased, it should be noted that a meritorious case can still be successfully prosecuted. Unfortunately, the General Assembly enacted a cap of $350,000.00 for non-economic damages which will greatly affect the recovery in many cases. Essentially, what this means is that unless you are a very large wage earner, the damages that you receive are, in most cases, limited to $350,000.00 maximum.

There have been several successful challenges in the Courts to many of the outrageous restrictions enacted in the so-called “Tort Reform” Act. Other challenges are currently pending and working their way through the lower Courts into the Appellate Court system. One of these involves the changing of the standard of care for actions against emergency room personnel from ordinary negligence to gross negligence, which in effect immunizes care rendered in emergency rooms. While the Georgia General Assembly promised to revisit this restriction when the legislation was passed, it has refused to do so.

July 26, 2007

ELECTRONIC CONTROL MODULE INFORMATION USED BY LAWYERS IN TRACTOR-TRAILER AND TRUCK ACCIDENTS

Almost all modern tractor-trailers and heavy trucks are equipped with electronic control modules. These modules record relevant data concerning the truck’s operation and allow it to be downloaded and accessed. The benefits for a lawyer representing a client in a tractor-trailer or heavy truck crash case can be significant.

An electronic control module can be used to gather a variety of information surrounding a crash when, or just before it occurs. This information may include data concerning the vehicle speed, the brake pedal and throttle position. The data is typically recorded continuously over a specified time interval, such as three minutes. It is then replaced unless an event occurs in which case the electronic control module saves the data surrounding the event, such as thirty seconds before and fifteen seconds after a crash. Events that trigger the electronic control module to save such data can include sudden deceleration, airbag deployment, or manual activation by the driver.

This data can be used by accident reconstructionists and attorneys to determine the actual speed of a vehicle just before a collision occurs. This is extremely helpful in many cases in which there are no witnesses to the accident and the driver denies excessive speed. Our attorneys have been able to access and use this data in several tractor-trailer/heavy truck cases to bring about very successful results for our clients.

July 25, 2007

Reduction in Value: A Misnomer in the Wrongful Death Context


Recognizing the time value of money, Georgia law requires that an award of damages representing a present compensation for any future pecuniary loss be reduced to its “present value.” In some ways this is common sense. If, as the result of a wrongful death, wages for the next 20 years have been lost, it is reasonable that such economic damages be reduced to present cash value in order for a present day award to be fair to both sides. A verdict is being returned today, in today’s money, for losses that will be incurred over many years in the future. Georgia law allows juries to use a discounted rate of 5% for purposes of present value reduction but it does not require the use of that rate. In any event, what is important to realize is that the “full value” of the life of a deceased can never reduced to present cash value. Only the economic components of the value of the deceased’s life should be reduced to present cash value, not the intangible elements of the claim.

If someone is denied (based on their age at the time of their wrongful death) a life expectancy hypothetically of 30 or 40 years, one cannot reduce to present cash value the loss of enjoyment of life over such a period. On the other hand, if, in the same hypothetical case, the deceased may have worked an additional 20 to 30 years, the calculus is different because given the lost wage projections over time, the jury should recognize the time value of money and return as a part of its verdict damages representing present compensation for a future pecuniary lost, reduced to present value. What Georgia juries need to understand, however, and where counsel has the important duty to inform them, is that life is worth far more than the sum of a person’s pay check.

The intangible value of life cannot be reduced to present value. The full value of the life of the decedent includes an intangible element which is incapable of exact proof and which can only be measured by the enlightened conscience of fair and impartial jurors. This intangible element has no ascertainable value except to the deceased. The deceased’s complete loss of his/her intangible relationship over a period of years with loved ones include consideration of associated factors such as society, advice, counsel and companionship as part of the “full value” of the life lost to be assessed by a fair jury based upon such relationships and the facts and circumstances of the deceased’s family and from the jury’s own observation and experience of mankind in its enlightened conscience.

When we ask a Georgia jury to award “full value” for the life of a deceased, we never ask them to reduce to present value anything other than specific economic losses proven by the wrongful death. Thus, as we set forth in the title to this blog entry, it is a misnomer that wrongful death actions are capable of being reduced to present value. Only economic losses should be so reduced, nothing else.

July 25, 2007

DRUG USE FACTORS IN TRACTOR-TRAILER AND TRUCK ACCIDENTS

Our lawyers continue to litigate serious injury and death cases involving tractor-trailer and heavy truck collisions wherein the impairment of the operator by the use of illegal drugs has played a major factor. As surprising as it may seem, the use of illegal drugs while operating tractor-trailers and heavy trucks by commercial operators is not uncommon.

A study by the Insurance Institute of Highway Safety found that alcohol use among heavy truck operators is less prevalent than the use of illicit drugs. The study found that the use of marijuana, cocaine, or amphetamines/methamphetamines while operating tractor-trailers and heavy trucks was much more prevalent than the use of alcohol. Almost 5% of the truck drivers tested who had been involved in serious collisions tested positive for illicit drug use, but only .2% tested positive for alcohol.

Federal regulations require carriers to test all commercial drivers for drugs before employment, after crashes, and on a random basis. Our lawyers frequently encounter cases involving fatalities and extremely serious injuries wherein the operator of the truck was under the influence of not only one illicit drug, but a combination of illicit drugs. The dangers attendant with operating a large truck while under the influence of illicit drugs are obvious. Our lawyers have been successful in many cases in recovering not only compensatory damages but punitive damages, based upon the use of the illicit drugs.

July 23, 2007

An Estate’s Claim in a Georgia Wrongful Death Case

Georgia law is unique in the context of a wrongful death action in that it divides a wrongful death claim into two parts. The first part, which we have previously blogged about, involves the rights of the survivors of the deceased to seek compensation for “the full value” of the life of the decedent. The second part of such a claim involves claims that the personal representative of the deceased may bring separately. This includes claims for funeral bills, medical bills which were incurred prior to the death caused by the tort, pre-death pain and suffering, and, where appropriate, punitive damages. Given that the estate’s claims are legally different and distinct from the claims of the survivor(s), it is obviously necessary that both components of damages caused by the wrongful death be sought if full justice is to be obtained.

O.C.G.A. § 51-4-5 provides that the personal representative of the deceased can recover all necessary medical and funeral expenses attendant to the death. If the deceased lived for a time prior to death and also incurred hospital and medical expenses, these are recoverable by the estate as pre-death expenses.

If during an accident for example, a car is destroyed, the representative of the estate has the claim for the property damage. Again, this is a pre-death claim not related to the wrongful death per se. If pain and suffering was experienced by the deceased prior to death, this too is a claim that is brought by the personal representative of the deceased as opposed to the survivor who possess the wrongful death claim. Thus, in the truest sense of the word, a wrongful death claim in Georgia is a bifurcated claim with all “pre-death” related claims belonging to the estate or personal representative of the deceased with the wrongful death claim per se belonging to the survivors, i.e. - the spouse, parent or child.

Of great importance in this context is the fact that only the estate may seek punitive damages in a wrongful death case assuming there was also underlying pain and suffering and/or property damage. The wrongful death statute does not allow for punitive damages per se, however, if there was pain and suffering experienced prior to death and/or property damage caused by the wrongful act, and death subsequently occurs attributable to such wrongful acts, then in that event, the personal representative for the estate may seek punitive damages, assuming, of course, that aggravated misconduct justifying punitive damages is involved. In cases involving intoxicated drivers or drug use, obviously, this can be an important component of a wrongful death case even though punitive damages cannot be recovered vis a vis a wrongful death action per se.

Because Georgia law is complex and because different categories of damages belong either to the survivors or to the personal representative of the deceased, it is obviously important that the family of a loved one who has sustained the loss confer with competent counsel to make sure that all claims arising out of the tragedy are brought in the proper name of the proper party so that full compensation, not only so that the full value of the life of the decedent may be recovered, but also funeral, medical and other compensable damages as outlined.

July 23, 2007

Negligent Hiring by Truck Companies: A Prescription for Disaster

Industry standards require that trucking companies make a reasonable and good faith effort to inquire into the background history of drivers applying for employment. Federal regulations require at a minimum that a truck company should obtain any applicant’s prior accident record, out of service violations resulting in out of service and/or drug and alcohol related events determined by definition to be treated as positive while performing a safety sensitive function. The lack of such diligence by a trucking company not only shows to a driver the inattentiveness of the employer, but it also permits drivers to obtain employment that they may not have obtained had the proper information been requested and/or received. Without proper employment verifications, it cannot be determined by a trucking company whether a particular driver is or is not qualified to act as the driver for a commercial tractor-trailer. There are services available to trucking companies such as DAC Services that can be used to validate applications and obtain background information. The majority of fleet employers commonly use this service, however, regrettably (and unfortunately for our clients) we have been involved in numerous cases where trucking companies do not use such services nor do they conduct an adequate background investigation before hiring drivers.

When a trucking company is negligent in the hiring of a driver, that negligence often times results in subsequent injuries to the innocent motoring public. A driver should not be hired unless he or she is qualified. A trucking company should be diligent in obtaining necessary background information. In a case we handled just this past year, it was determined that several drivers that had been employed had serious felony convictions (including drugs) and numerous moving violations while previously employed by other companies. Indeed, in several cases, they had been terminated by prior employers for “preventable accidents.” Nonetheless, they were hired without an adequate background investigation. Needless to say, such cases settled because the trucking company was exposed for its negligent hiring of the drivers. Nonetheless, wrongful deaths and serious injuries resulted from the acts of the unqualified drivers which could have been anticipated had there been an adequate background investigation.

In any truck accident case, counsel should always inquire about the company’s employment screening practices to determine whether a negligent hiring claim is present. Juries are particularly interested in such evidence because they know that if an unqualified driver is hired, the chance of his/her being involved in an accident increases in proportion almost by definition. This is common sense. Nonetheless, because many trucking companies are negligent in their hiring practices, regrettably, we continue to see accidents which occur where drivers are hired who are not otherwise qualified and whose background clearly indicates that they neither were qualified nor should they have been hired to begin with.

July 20, 2007

Proving Non-Economic Damages in a Wrongful Death Case


In a Georgia wrongful death case, it is important that the plaintiff establish all economic and non-economic damages caused by the wrongful death. Economic damages obviously include an analysis of how much income and wage was lost by the untimely demise of the decedent. Proving non-economic damages, however, does not involve an economic analysis but instead involves a presentation of the intangible components of the decedent’s life. In Georgia, in particular, it is important that a wrongful death claimant establish this aspect of “the full value of the life” of the decedent if full compensation is to be obtained for the wrongful death.

Typically, the best way to establish the non-economic value of the decedent’s death is to call as witnesses loved ones who knew the decedent prior to death who can testify to his or her attributes, hobbies, activities, family connections and other positive character traits which collectively and individually are indicative of the “full value of the life of the decedent.” One technique we have used successfully in representing clients who have suffered such a loss is to present a photographic album (or power point presentation) of the decedent’s life. We have put together photographs from the decedent’s childhood all the way through the time of death and include in the album or power point presentation not only photographic evidence but also diplomas, records of achievement, newspaper articles and other information indicating that the decedent lived a full life and therefore had much to lose due to an untimely death caused by the negligence of the defendant.

In some cases there may be videotaped evidence of birthday parties, or other functions where the decedent is demonstrated to have been very much loved and cared for by others and very much leading an active life. We have found that such evidence does speak volumes to a jury and typically is one of the best forms of evidence available in this area. However, testimonial evidence from family, friends and loved ones who knew the decedent also can be very powerful. Thus, when presenting this damage portion of a case to a jury, care must be taken that the proper witnesses are selected, those who are articulate and knowledgeable, and those who are capable of expressing in some detail their characterization of the love of life that the decedent had prior to death. Obviously, the list of such witnesses would include spouses, parents, siblings, neighbors, co-workers and/or Church or civic association members. We have found that these witnesses should routinely be called during any wrongful death case if “full” compensation is to be received by the innocent family who has lost their loved one.

July 19, 2007

Suing Drunk Drivers for Punitive Damages

In Georgia, juries are not reluctant to impose punitive damages against drunk drivers. It is common knowledge that drunk driving is a grave danger to the motoring public. Anyone who gets behind the wheel after having consumed intoxicating drugs or beverages obviously poses a risk of danger to the public. In Georgia, many years ago, the Georgia Legislature limited the imposition of punitive damages in tort cases to $250,000.00. This limitation in punitive damage awards was part of a “tort reform” effort of the business community years ago to keep damages low in tort cases, particularly where a business was sued. Nonetheless, in recognition of the dangers caused by drunk drivers, the legislature did carve out an exception for those who get behind the wheel after having consumed drugs or alcohol.

In a typical negligence case involving speeding, running a red light or other similar acts of negligence which result in injuries to third parties, punitive damages may not even be available because the conduct is not so egregious or aggravating as to justify an award solely to punish, penalize or deter a defendant which, of course, is the primary purpose of punitive damages. However, in a tort case where drugs or alcohol are involved, the Georgia Legislature has specifically stated that a jury is entitled to return any amount of money they deem appropriate as a punishment and penalty. Indeed, O.C.G.A. § 51-12-5.1(f) specifically states that with respect to defendants who “acted or failed to act” while under the influence of alcohol, drugs other than lawfully prescribed drugs “there shall be no limitation regarding the amount that may be rewarded as punitive damages against an act of tortfeasor. . .” Thus, in a drunk driving case, a plaintiff who suffers serious injures, wrongful death or otherwise is injured by such egregious misconduct is not limited to the statutory limitation of $250,000.00 (which is true in any other negligence case) but may recover amounts in excess of this $250,000.00 solely in the discretion of the jury.

In all cases we handle on behalf of our clients where drunk driving or drugs are involved in the negligent act which resulted in damages to our innocent clients, we always seek punitive damages and attorney’s fees. In any case where there is a basis for punitive damages, there is also a basis for attorney’s fees. Indeed, in Georgia, in any case where there is bad faith in the underlying transaction, not only may a jury award punitive damages, they may also award attorney’s fees. Our experience is that a Georgia jury is never reluctant to award such damages in a drunk driving case because such damages are appropriate to punish, penalize and deter those defendants who wreak havoc on the innocent members of the motoring public due to their voluntary intoxication.

July 18, 2007

Proving Economic Damages in a Wrongful Death Case

In terms of a jury presentation, attorneys often disagree about the best approach to demonstrate the economic losses caused by a wrongful death. If the decedent was a substantial wage earner who lost, not only substantial earnings, but also valuable fringe benefits such as 401(k), profit sharing and other similar benefits, one school of thought is to hire an economist who can project for a jury the lost income stream over the working life of the decedent (typically up to age 65 or 70) and then through economic calculation reduce the loss back to present cash value, adjusted for inflation, raises and bonuses over the course of the decedent’s lifetime. This can be difficult because it is always a challenge to prove what the bonuses and raises would have been to the decedent based on his or her earnings history. A second school of thought is to dispense with the necessity and expense of the expert witness economist and simply introduce the Annuity Mortality Table showing what the typical age at death is of a male or female worker in this state and then to extrapolate from the earnings history of the decedent what wages could have been earned prior to death. For example: If a decedent died at age 40 earning $50,000.00 a year presumably they would work up to age 65 making a minimum of $50,000.00 per year for 25 years which would translate to a loss of $1,250,000.00. If this figure were adjusted for inflation but then reduced to its present cash value, usually the reduction to present cash value offsets the adjustment for inflation. Therefore, one can comfortably argue to a jury that the minimum loses, in terms of economic losses for such a wage earner, would be $1,250,000.00. Where there are fringe benefits lost such as profit sharing or 401(k) benefits, the analysis would be the same. Thus, you would merely present the tax returns, the W-2's and the testimony of supervisors and co-workers to establish what the earnings history was, and then simply argue to the jury how they should go about calculating the future lost wages based on the earnings history.

Of course, every case is different and there is no real basis to conclude that one approach is necessarily superior to the other. In different cases over the years, our firm has used economists and have also relied on earnings history records alone in demonstrating this component of the full value of the life of the decedent. Either way, it is obviously necessary for any attorney in wrongful death case to introduce sufficient evidence to demonstrate to the jury the earnings capacity of the decedent so that complete compensation can be obtained for the economic component of the “full value” of the life of the decedent. Where economic dependency is established (a surviving wife with small children as an example) our experience is that Georgia juries will award as part of a wrongful death jury verdict full compensation for proven lost wages.

July 13, 2007

Wrongful Death Actions in Georgia: Who Has The Right to Sue?

Georgia’s law on the wrongful death of an individual has several unique provisions. If a deceased is survived by a spouse or if there is no surviving spouse, a child or children, either may recover the full value of the life of the decedent as shown by the evidence. A surviving spouse, if there is one, is the sole person who may bring a wrongful death claim. Interestingly, a surviving spouse does not have to be married to the deceased spouse at the time the injuries are inflicted, but only at the time of death, since that is the date the cause of action accrues. The separation by the surviving spouse and the deceased spouse before death is no defense. If there is both a spouse and a child, the spouse has the right to bring the claim but does so in a fiduciary capacity and must divide the proceeds with the surviving children. The spouse is entitled to a minimum of one-third (1/3) of the recovery with the remaining balance to be divided equally between the surviving children. For purposes of the Wrongful Death Act, the fact that a child is born out of wedlock is no defense and there is no requirement of dependency. Minor children and adult children are treated equally. If a surviving child dies, the cause of action survives to the remaining surviving children.

If a decedent leaves no surviving spouse or child, the cause of action vests in the surviving parents. The right in the surviving parents is held jointly if they are both alive and living together. If one parent is deceased the right is in the surviving parent. If both parents are living but are divorced, separated or living apart, the right shall be in both parents. If one parent refuses to proceed or cannot be located to proceed, the other parent has the right to contract for representation for both parents and also the right to proceed on behalf of both parents to recover for the homicide of the child. In a situation where the parents are divorced or separated and one parent brings the claim on behalf of the other, there is a fiduciary duty to divide the proceeds. If the parties cannot agree, the Court can decide based on the relationship of the parents to the child which of the two parents might should receive a greater portion of the funds on grounds of equity.

If a wrongful death decedent leaves no surviving spouse, children or parent, the cause of action is then vested with the Administrator of the Estate who has the right to recover for the full value of the life of the decedent for the benefit of the heirs-at-law. In short, under Georgia law, there is always someone who has the right to proceed for the wrongful death of a deceased individual. Depending upon the individual circumstances, that person may be either the spouse, a child, a parent or a Court Appointed Administrator of the deceased’s estate. Because all cases are factually unique and sometimes the law can be tricky, it is advisable, obviously, that clients with such claims confer with counsel to determine who has the right to bring the wrongful death claim.

July 10, 2007

The Use of Medical Narrative Reports in Serious Injury Cases


Until a few years ago, a plaintiff in a personal injury or serious injury lawsuit had to take the deposition testimony of all treating physicians in order to be able to introduce the deposition for a jury’s consideration. This is because testimony by a doctor without being subject to cross-examination would be considered hearsay and therefore not admissible. To resolve the problem and expense associated with every single plaintiff’s lawyer representing a personal injury claimant having to take medical testimony by way of depositions, and to dispense with the necessity of scheduling doctors’ time to provide such a testimony, the law was changed to provide that medical narrative reports written by a doctor could be introduced into evidence even if the doctor were not subject to cross-examination.

The operative statute is found at O.C.G.A. § 24-3-18. This statute basically states that any report which sets forth in story form the doctor’s assessment of the patient’s history, diagnosis and treatment shall be admissible into evidence. If a written notice is provided to the opposing party attaching the narrative and giving them ample opportunity that a plaintiff’s lawyer, for example, wishes to utilize the report in support of his client’s claims then, in that event, the defense has the right to take the deposition of the doctor at their expense, otherwise the report can come into evidence and be read to the jury without having to have the doctor’s testimony sworn and deposed before a court reporter.

The advantages of the medical narrative statute are obvious. First, the plaintiff, who is already injured and may not have any income, no longer has to pay for the deposition of a doctor. When dealing with a surgeon for example, an hourly deposition fee might be $500.00 per hour, not to mention the cost of the court reporter whose job it is to transcribe it. If the deposition is videotaped so that it can be shown to the jury, yet another expense is involved. In short, it is not uncommon for there to be a $1,500.00 expense in connection with taking a surgeon’s deposition. If the same surgeon, however, writes a narrative report and charges $250.00 for the time he takes to dictate and narrate the report, then in that event, the medical narrative is admissible and the expense of deposing the doctor would then shift to the defense if they wish to depose him further in connection with his report.

In some cases, a well written medical narrative report is more than sufficient to help establish before the jury the nature and extent of the plaintiff’s damages. In other cases, even though the medical narrative statute exists, it may still be better practice for the plaintiff’s lawyer to take the testimony of the doctor so that the doctor might be permitted to elaborate upon his opinions. Nonetheless, the medical narrative statute is an improvement in the law and should be utilized by counsel in the appropriate case.

The only qualification that one must be aware of when utilizing a medical narrative report is that the report itself must actually qualify as a medical narrative report in order to be admissible into evidence. Utilizing contemporaneous doctor’s notes or operative reports which contain technical medical terms may not be sufficient to qualify under the medical narrative statute since the report does not set forth in story form the doctor’s assessment of the plaintiff’s condition. The law authorizes the admission of those reports which sets forth the relevant information in language that is more understandable to a lay jury than would an office note or record dictated by the doctor not for use by a jury but rather for use by other doctors and practitioners in the medical field. With this one qualification, however, medical narrative reports are an improvement in the rules of procedure and allow for juries to consider medical opinion testimony without the accompanying deposition costs and expenses which, in the past, have caused claimants to incur significant litigation expenses merely to present their claims.

July 6, 2007

Damages in a Georgia Wrongful Death Case

In a Wrongful Death case, Georgia law allows recovery for “the full value of the life of the deceased with deduction for ordinary and necessary expenses had he/she lived.” See O.C.G.A. § 51-4-1 et. seq. The term “full value of life” is somewhat elusive on its face but nonetheless, Georgia law is quite clear that the measure of damages in a wrongful death case includes both economic and non-economic damages.

One of the unique features of Georgia law is that damages in a wrongful death case must be assessed from the deceased’s standpoint not from that of his/her husband, wife, children or any other survivor. The measure of damages is the same for a person who has survived his injury but who was totally and permanently disabled as a result of it. Damages for the deceased are just the same as for a living plaintiff with a permanent and total disability except that there are no future special damages such as medical and other expenses. Of course, the measure of damages in a Georgia wrongful death action is not the subjective value that the deceased would have placed upon his own life, rather the damages in a Georgia wrongful death case must be assessed from the deceased’s standpoint. The question is what he or she lost rather than the perspective of what the husband, wife or children lost.

Under Georgia law, the term “full value of the life of the deceased” has two components. First, the “economic value” of the deceased’s normal life expectancy and second, the “non-economic component,” an intangible element incapable of exact proof which is measured only by the enlightened conscious of the jury. The economic value of the deceased’s life is based upon lifetime earnings. By computing how much money the deceased would likely have earned given his/her age, educational background, earnings record and life expectancy, the jury can determine what the economic value of the deceased’s normal life expectancy would equal. However, when someone loses their life, they lose much more than what they would have earned had they survived. They also lose the “non-economic value” of their life, which obviously, is the more important component of a wrongful death claim in Georgia. The intangible or “non-economic” component of a wrongful death claim arises out of the destruction of the deceased’s relationship with his loved ones. The deceased’s loss of his relationship with their husband, wife or children and associated factors such as society, advice, counsel and companionship are all part of the “full value” of the deceased’s life to be assessed as damages based upon all the facts and circumstances involved.

One of the essential points of proving damages in a Georgia wrongful death case is that life has value aside from one’s economic producing potential. If it did not, there would be little or no recoverable right for the wrongful death of children, poets, monks and others who have no significant earning potential at the time of their death. In this regard, Georgia law is unique in establishing the value of a life from the standpoint of a person whose life is lost. How did that person live his or her life? That question alone may allow a jury to determine that one who may have been incapable of producing vast economic wealth nonetheless had an extremely valuable life in terms of his or her enjoyment of it and what they derived from it. Indeed, there are many housewives and older people whose lives are extremely valuable and in many cases based on the quality of the life lived much more valuable than would be an executive’s life who, while he or she might have great earning capacity, might not have lived a full life otherwise.

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