What is the “full value of the life” in a Georgia wrongful death case?

In a Georgia wrongful death case, the family recovers the “full value of the life of the decedent.” O.C.G.A. § 51-4-1 defines that phrase: the full value of the life, without deducting the living expenses the person would have had. It is measured from the lost person’s point of view, economic and intangible.

What does O.C.G.A. § 51-4-1 say?

The published heading is “Definitions.” It defines two terms used throughout Georgia’s wrongful death chapter. The first is the one that matters most:

“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.

The second definition, “homicide,” includes every death caused by a crime, by criminal or other negligence, or by a defectively manufactured product, whether or not negligence was involved. This section does not say who may file the lawsuit. That is O.C.G.A. § 51-4-2: the surviving spouse, or the children if there is no spouse, with parents covered by § 51-4-4. Last amended in 1978 (Ga. L. 1978, p. 2218).

What does it mean for you?

Most states measure wrongful death by what the survivors lost. Georgia does something different, and this definition is why. The measure is the value of the life to the person who lost it. That has two parts. The economic part is what the person would have earned and provided over a normal lifetime. The intangible part is everything else: the years, the relationships, the ordinary experiences of being alive. A jury decides both from the evidence, guided by its own “enlightened conscience,” as Georgia courts put it.

The phrase “without deducting” is the detail that separates Georgia from most other states. Elsewhere, a defendant argues the person would have spent much of their income on themselves and that amount should come off. In Georgia it does not. The full value is the full value.

There is a second claim that travels alongside this one. The estate, through its representative, can recover the person’s medical bills, funeral expenses, and the pain and suffering they experienced before death. That is a separate case with a separate plaintiff, and the two are usually filed together.

Who may bring the claim is set by a different section, § 51-4-2. The spouse files, and shares the recovery with the children. If there is no spouse, the children file. If there is neither, the parents can. A grieving family often does not know which of them holds the claim, and sorting that out early prevents real conflict later.

Related Georgia laws

• O.C.G.A. § 9-3-33: the two year deadline, which usually runs from the date of death
• O.C.G.A. § 51-12-5.1: punitive damages, which the estate’s claim may seek
• O.C.G.A. § 51-12-33: how the lost person’s own fault, if any, affects the claim

Sources

• Official Code of Georgia Annotated on legis.ga.gov (official text)
• O.C.G.A. § 51-4-1 on Justia (2025 Georgia Code)
• Text verified against the published code on 2026-10-16. Statute text is public record. Nothing on this page is legal advice about your specific case.

What should you do next?

Losing someone is not a legal problem, and we will never treat it as one. But the law does give your family a claim, and understanding how Georgia measures it is the first step. We can walk you through it whenever you are ready.

Call Kenneth S. Nugent, P.C. at 770-820-0711, any hour, any day. The call is free, the case review is free, and there is zero fee unless we win. Nine offices across Georgia, and we come to you if you cannot come to us.

One more thing. Don’t sign anything from an insurance company before you talk to a lawyer. A signature on the wrong form can give away rights you did not know you had.