Wrongful Death
51-4-1 to 51-4-5
51-4-1. Definitions
As used in this chapter, the term:
(1) “Full value of the life of the decedent, as shown by the evidence” 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.
(2) “Homicide” includes all cases in which the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.
HISTORY: Ga. L. 1887, p. 43, § 1; Civil Code 1895, § 3829; Civil Code 1910, § 4425; Ga. L. 1924, p. 60, § 2; Code 1933, §§ 105-1301, 105-1308; Ga. L. 1978, p. 2218, § 2.
51-4-2. Persons entitled to bring action for wrongful death of spouse or parent; survival of action; release of wrongdoer; disposition of recovery; exemption of recovery from liability for decedent’s debts; recovery not barred by child’s being born out of wedlock
(a) The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.
(b) (1) If an action for wrongful death is brought by a surviving spouse under subsection (a) of this Code section and the surviving spouse dies pending the action, the action shall survive to the child or children of the decedent.
(2) If an action for wrongful death is brought by a child or children under subsection (a) of this Code section and one of the children dies pending the action, the action shall survive to the surviving child or children.
(c) The surviving spouse may release the alleged wrongdoer without the concurrence of the child or children or any representative thereof and without any order of court, provided that such spouse shall hold the consideration for such release subject to subsection (d) of this Code section.
(d) (1) Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes, provided that any such recovery to which a minor child is entitled and which equals less than $15,000.00 shall be held by the natural guardian of the child, who shall hold and use such money for the benefit of the child and shall be accountable for same; and any such recovery to which a minor child is entitled and which equals $15,000.00 or more shall be held by a guardian of the property of such child.
(2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-third of such recovery as such spouse’s share.
(e) No recovery had under subsection (a) of this Code section shall be subject to any debt or liability of the decedent.
(f) In actions for recovery under this Code section, the fact that a child has been born out of wedlock shall be no bar to recovery.
HISTORY: Laws 1850, Cobb’s 1851 Digest, p. 476; Ga. L. 1855-56, p. 154, § 4; Code 1863, § 2913; Code 1868, § 2920; Code 1873, § 2971; Ga. L. 1878-79, p. 59, §§ 1, 2; Code 1882, § 2971; Ga. L. 1887, p. 43, § 1; Civil Code 1895, §§ 3828, 3829; Civil Code 1910, §§ 4424, 4425; Ga. L. 1924, p. 60, §§ 1, 2; Code 1933, §§ 105-1302, 105-1303, 105-1304, 105-1305; Ga. L. 1973, p. 488, § 1; Ga. L. 1985, p. 1253, § 1; Ga. L. 1986, p. 10, § 51; Ga. L. 1988, p. 1720, § 17; Ga. L. 1993, p. 1055, § 1; Ga. L. 1998, p. 605, § 1.
51-4-3. Persons entitled to bring action for wrongful death of wife or mother; survival of action; service on and intervention of parties not joining; effect of final judgment
Reserved. Repealed by Ga. L. 1985, p. 1253, § 2, effective April 10, 1985.
DISCLAIMER – Some of these codes have been amended over the years, and they can be amended again by the legislature at any time. For some codes you use the version that existed at the time the malpractice occurred, but for others you use the version of the code that exists at the time you go to trial. We show you these codes for general education purposes, but you should always consult an experienced Georgia medical malpractice attorney before relying on these provisions.
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