A civil action for the monetary loss of a life is commonly called a Wrongful Death Action. This action is not to be confused with any type of attempted criminal punishment by the State. The purpose is to make the defendant or defendants pay for the "full value of the life of the decedent". The Plaintiff is allowed to exclude the deduction of any of the necessary or personal expenses of the decedent had he lived and any recovery had by the plaintiff or plaintiffs would not be subject to any debt or liability of the decedent.

Since the plaintiff is deceased, one may wonder who is entitled to bring the action for wrongful death. Of course, the surviving spouse is first in line to bring the action. Next would be the child or children of the deceased who would share in the award equally. All children are treated equally and the fact that a child has been born out of wedlock shall be no bar to recovery.

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1. Providing Alcohol to a Minor: McBride v. St. Ives Country Club, Inc. Case No. 05VS081814G, State Court of Fulton County. Client’s 20 year old daughter died in a car wreck after drinking at a country club. Since the injury was to the consumer, the estate’s action against the country club was not allowed. However, action was taken under an ancient Georgia law that allows compensation to a parent for serving alcohol to their underage minor. Attorney Robert McFarland negotiated a $350,000.00 settlement while a motion for summary judgment was pending in the trial court. In a later related case, the Court of Appeals denied the action. Therefore, the first case would have resulted in a defense victory if Attorney Robert McFarland had not been able to obtain this settlement with the insurance company.
2. Auto Accident: Grizzle v. Hickory Flat Grading, Inc., Case No. 04-SC-1806, State Court of Cherokee County. “Lowboy” Tractor & Trailer pulled out in front of the client’s father on Georgia 400 in Cumming, Georgia early in the morning which caused the death of the father. Defense alleged that the client should not collect since he could have seen the truck. Prior to a jury trial, Attorney Robert McFarland was able to negotiate a $377,250.00 settlement of the case.