Proving Non-Economic Damages in a Wrongful Death Case

In a Georgia wrongful death case, it is important that the plaintiff establish all economic and non-economic damages caused by the wrongful death. Economic damages obviously include an analysis of how much income and wage was lost by the untimely demise of the decedent. Proving non-economic damages, however, does not involve an economic analysis but instead involves a presentation of the intangible components of the decedent’s life. In Georgia, in particular, it is important that a wrongful death claimant establish this aspect of “the full value of the life” of the decedent if full compensation is to be obtained for the wrongful death.
Typically, the best way to establish the non-economic value of the decedent’s death is to call as witnesses loved ones who knew the decedent prior to death who can testify to his or her attributes, hobbies, activities, family connections and other positive character traits which collectively and individually are indicative of the “full value of the life of the decedent.” One technique we have used successfully in representing clients who have suffered such a loss is to present a photographic album (or power point presentation) of the decedent’s life. We have put together photographs from the decedent’s childhood all the way through the time of death and include in the album or power point presentation not only photographic evidence but also diplomas, records of achievement, newspaper articles and other information indicating that the decedent lived a full life and therefore had much to lose due to an untimely death caused by the negligence of the defendant.
In some cases there may be videotaped evidence of birthday parties, or other functions where the decedent is demonstrated to have been very much loved and cared for by others and very much leading an active life. We have found that such evidence does speak volumes to a jury and typically is one of the best forms of evidence available in this area. However, testimonial evidence from family, friends and loved ones who knew the decedent also can be very powerful. Thus, when presenting this damage portion of a case to a jury, care must be taken that the proper witnesses are selected, those who are articulate and knowledgeable, and those who are capable of expressing in some detail their characterization of the love of life that the decedent had prior to death. Obviously, the list of such witnesses would include spouses, parents, siblings, neighbors, co-workers and/or Church or civic association members. We have found that these witnesses should routinely be called during any wrongful death case if “full” compensation is to be received by the innocent family who has lost their loved one.