Wrongful Death Economic Damages Expert in Georgia

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for wrongful death cases venued in Georgia: the components the loss claim consists of, the records that drive them, and a present value built to Georgia's damages rules and venues. Plaintiff and defense.

A wrongful death economic claim measures what the decedent would have contributed to the household over an expected life: earnings and benefits net of personal consumption, household services, and support to each dependent, reduced to present value under the framework counsel identifies. Read the full wrongful death analysis guide.

Georgia courts and expert standards

Georgia trial courts act as gatekeepers in civil cases and ask whether the economist is qualified by training and experience, whether the method has been tested and accepted in the profession, and whether it was applied reliably to the facts. An economic damages report meets that inquiry by stating its assumptions and naming the data series behind each one.

Where these cases are heard

Highest court: Supreme Court of Georgia. Federal venues: N.D. Ga., M.D. Ga., S.D. Ga. Court system: gasupreme.us.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Georgia State Board of Workers' Compensation.

Damages framework

Georgia measures wrongful death by the full value of the life of the decedent from the decedent's own standpoint, an economic component built on lost earnings and services without deduction for the decedent's personal expenses plus an intangible component, while the estate separately recovers pre-death medical expenses, pain and suffering, and funeral costs. Recovery is barred once the plaintiff's fault reaches half, the common-law collateral source rule applies, and prejudgment interest on unliquidated tort damages is tied to a written demand procedure.

How the analysis is built

The same four steps apply to a wrongful death case venued in Georgia; the damages framework above decides which components enter the total.

  1. Establish the decedent's earnings and fringe benefit base from the tax, wage, and benefit records.
  2. Project the base over a worklife expectancy with a stated wage growth rate.
  3. Deduct personal consumption from published household expenditure data and add household services and support to each dependent over its period.
  4. Discount every future stream to present value at a stated rate and show the sensitivity of the total to the contested assumptions.

Attorney guides for wrongful death cases

Other case types in Georgia

Frequently asked: wrongful death cases in Georgia

Which Georgia courts hear wrongful death cases?

Wrongful Death cases venued in Georgia are heard in the Superior Court (General jurisdiction; civil cases, felonies, domestic relations, equity) and the State Court (Civil actions regardless of amount except those reserved to the superior court, misdemeanors). Final appeals run to the Supreme Court of Georgia. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of Georgia, Middle District of Georgia, and Southern District of Georgia.

How does Georgia's damages framework shape the economic analysis?

Georgia measures wrongful death by the full value of the life of the decedent from the decedent's own standpoint, an economic component built on lost earnings and services without deduction for the decedent's personal expenses plus an intangible component, while the estate separately recovers pre-death medical expenses, pain and suffering, and funeral costs. Recovery is barred once the plaintiff's fault reaches half, the common-law collateral source rule applies, and prejudgment interest on unliquidated tort damages is tied to a written demand procedure. Georgia trial courts act as gatekeepers in civil cases and ask whether the economist is qualified by training and experience, whether the method has been tested and accepted in the profession, and whether it was applied reliably to the facts. An economic damages report meets that inquiry by stating its assumptions and naming the data series behind each one.

More questions about wrongful death analysis

References

Request a consultation on wrongful death cases in Georgia or call (201) 343-0700. Plaintiff and defense counsel.