GA'S WRONGFUL DEATH & SURVIVAL STATUTES Flashcards
Who may bring an action for wrongful death under Georgia’s wrongful death statute?
The surviving spouse may bring an action for the wrongful death of her spouse.
Who has the right to bring a claim under Georgia’s survival statute?
The executor of a deceased’s estate has the right to bring a claim under Georgia’s survival statute.
What does Georgia’s survival statute provide?
Georgia’s survival statute provides that a victim’s cause of action will survive the victim’s death.
Who is substituted in the cause of action against the tortfeasor under Georgia’s survival statute?
The victim’s personal representative is substituted in the cause of action against the tortfeasor.
Who has the right to recover damages under Georgia’s wrongful death statute?
The surviving spouse has the right to recover damages under Georgia’s wrongful death statute.
Can a former spouse recover under Georgia’s wrongful death statute?
No, a former spouse has no right of recovery under the statute.
Can decedent’s children initiate a wrongful death claim if a spouse survives?
No, decedent’s children are not entitled to initiate the claim as long as a spouse survives.
What does a wrongful death claim enable recovery for?
A wrongful death claim enables recovery of damages for the full value of the life of the decedent.
What damages are recoverable under the survival statute?
Recovery under the survival statute is for the victim’s pain and suffering prior to death.
What is the measure of recovery for wrongful death?
The measure of recovery is the full value of the life of the decedent, without deducting necessary and personal expenses.
What does the ‘full value of life’ include?
The ‘full value of life’ includes loss of support, loss of consortium, services, and the gross sum the decedent would have earned, reduced to present cash value.
What factors should the trier of fact consider in wrongful death cases?
The trier of fact should consider the decedent’s age, health, life expectancy, and income at the time of death.
What do loss of consortium damages include?
Loss of consortium damages include recovery for loss of companionship, affection, etc.
How is the amount recovered for a wrongful death claim divided?
Any amount recovered is to be equally divided among the surviving spouse and the children per capita, with the spouse receiving at least one-third.
What expenses may be recovered if the death resulted from a crime or negligence?
Funeral, medical, and other necessary expenses resulting from the injury and death of the decedent may be recovered.
