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.