This Article examines Georgia tort law regarding wrongful death. Tort has been described as the body of law that deals with "compensable wrongs that do not arise from breach of contract and cannot be remedied by an induction against future inference."' When a tort has been proven, two types of damages can be incurred-compensatory and punitive. Compensatory damages, as the phrase implies, compensate the plaintiff for damages suffered at the hands of the defendant. The goal of compensatory awards is to compensate and deter but not to punish the wrongdoer. The theories behind compensatory damages are that deterrence encourages potential tortfeasors to use optimal care in avoiding negligent behavior and that the victim should be able to recover from the tortfeasor for all the actual harm caused by the tort. Punitive damages, on the other hand, are those damages above and beyond compensatory damages, and they serve to punish.
"The Effect of the Mandated Discount Rate on the Value of Wrongful Death Awards in Georgia,"
Mercer Law Review: Vol. 52:
3, Article 13.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol52/iss3/13