Most states measure wrongful death damages by what survivors lost. Georgia does not. Under O.C.G.A. § 51-4-2(a), surviving family members recover “the full value of the life of the decedent, as shown by the evidence.” The Code defines this phrase explicitly. Under § 51-4-1(1), the term means the full value of the life of the decedent “without deducting for any of the necessary or personal expenses of the decedent had he lived.”
“Full value” combines economic projections and intangible value #
The doctrine encompasses two categories. The economic component reflects what the decedent would have earned and contributed during a normal lifespan, including wages, benefits, retirement contributions, household services, and similar measurable losses. The intangible component reflects what the decedent’s life was worth from the decedent’s own perspective, including the experience of living, family relationships, and aspects of life not subject to exact financial proof.
| Component | What it covers | Proof method |
|---|---|---|
| Economic | Lifetime earnings, benefits, household services | Vocational + economic expert testimony |
| Intangible | The experience of living, relationships, character | Family + community testimony, jury discretion |
Georgia measures the life from the decedent’s standpoint, not the survivors’ #
In most states, wrongful death damages compensate survivors for what they personally lost: the income that would have flowed to them, the services they would have received, the companionship they would have enjoyed. Georgia’s measure is different. It values the life itself from the decedent’s standpoint. A parent’s love and guidance offered to a child, for example, is valued not as what the child lost but as what was extinguished in the parent.
The jury decides full value based on the evidence, without a statutory cap #
Juries determine “full value” based on evidence presented. Plaintiffs typically present economic expert testimony (vocational experts, economists projecting lifetime earnings) for the economic component. The intangible component is presented through testimony about the decedent’s life, relationships, character, and engagement with family and community. There is no statutory cap on the wrongful death award in general personal injury cases.
Nestlehutt struck down the medical malpractice cap, and 2025 left it intact #
The Supreme Court of Georgia struck down the noneconomic damages cap in medical malpractice cases in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010), holding that the cap in O.C.G.A. § 51-13-1 violated the constitutional right to jury trial. In a 2025 decision applying Nestlehutt in the wrongful death context, the Court continued to treat the cap as inapplicable to noneconomic damages awarded by juries in medical malpractice cases. Nestlehutt remains the controlling precedent on noneconomic damages caps in medical malpractice wrongful death actions.
“Without deducting” captures gross life value, not net contribution #
The “without deducting” language in § 51-4-1(1) is important. The full value of the decedent’s life is calculated without reducing it for what the decedent personally would have consumed (food, housing, clothing, personal expenses). The recovery captures the gross value of the life, not the net contribution to others.
The full-value measure shapes how settlements are negotiated in Georgia #
Settlement and verdict values in Georgia wrongful death cases reflect the full-value measure rather than a net-contribution measure used in some other states. The full-value approach typically produces higher economic projections, and the intangible component is largely committed to jury discretion. Settlement negotiations reflect this structural feature of Georgia law.
This article is for informational purposes only and does not constitute legal advice. Personal injury cases turn on specific facts and applicable law that vary by case. If you have been injured in Georgia and want to understand your legal options, consult a licensed Georgia personal injury attorney.