Does the Victim’s “Character” Matter in a Georgia Wrongful Death Lawsuit?
One unique aspect of Georgia’s wrongful death statute is how it looks at the issue of financial compensation or damages. In most states, wrongful death damages are based on the economic and non-economic losses of the surviving family members. For example, the spouse of a car accident victim seeks wrongful death damages for the loss of their partner’s love, support, and companionship.
Under Georgia’s wrongful death law, in contrast, damages are based on the “full value of the life of decedent.” These damages are still paid to the surviving family members of the victim. But a jury must consider how long the victim would likely have lived had they not been killed by the defendant’s accidental or intentional conduct. From this, the jury must then decide how much the victim would have earned and estimate the value of the work they would have performed for their family.
Georgia Appeals Court Upholds $80 Million Verdict in Fatal Moped Accident Lawsuit
In August 2023, a Cobb County jury awarded over $80 million to the estate of a woman who was paralyzed in a 2016 accident involving her moped and a motor vehicle. The victim, a Mississippi native, was driving on a road in Kennesaw when the defendant, driving in the opposite direction, failed to yield while making a left turn. The defendant’s vehicle collided with the plaintiff’s moped.
As a result of this collision, the victim sustained a severe spinal cord injury and was rendered a paraplegic. She subsequently filed a personal injury lawsuit against the defendant. Sadly, the victim died in 2019 before her case was tried. Her estate then continued the lawsuit and added a claim for wrongful death.
The jury ultimately returned a verdict in favor of the estate and awarded $80.3 million in damages. This included an award of $30 million for the full value of the victim’s life. On appeal, the defense asked for a retrial on the grounds the trial court improperly excluded evidence related to the value of life.
Specifically, the defense sought to introduce anecdotal evidence that the victim had “substance abuse” problems. The trial judge excluded this evidence because there was no expert testimony linking such alleged drug use to the victim’s life expectancy. Indeed, the victim’s own treating physician explicitly declined to offer such an opinion. As such, the judge concluded any medical records related to the victim’s use of drugs was “impermissible character evidence” that would simply confuse the jury.
The Court of Appeals declined to second-guess the trial court and ultimately affirmed the verdict after considering, and rejecting, several other grounds for appeal raised by both the defendant and the estate.
Contact an Atlanta Wrongful Death Lawyer Today
There is never an amount of money that can undo the devastation of losing a loved one to a preventable accident. But holding the responsible parties legally accountable can help to bring a measure of closure. If you need legal advice or representation from an experienced Atlanta wrongful death attorney, contact Morain & Buckelew, LLC, today at (404) 448-3146 today to schedule a free consultation
Source:
scholar.google.com/scholar_case?case=3223440959047093145