Understanding Georgia’s Wrongful Death Laws: Who Can File and What Damages Are Recoverable?
Losing a loved one unexpectedly is one of life’s most painful experiences—especially when that loss is caused by someone else’s negligence. Whether it’s a fatal collision involving a commercial truck or a preventable medical error, Georgia law allows surviving family members to pursue justice through a wrongful death claim.
At Lazenby Law Group, we understand that no amount of money can undo such a loss. However, a well-prepared wrongful death claim can provide financial support, hold the responsible party accountable, and help a family begin to move forward. We want to see justice done.
What Is Considered a Wrongful Death in Georgia?
Under Georgia law (O.C.G.A. § 51-4-1), a death is considered “wrongful” when it is caused by the negligent, reckless, intentional, or criminal acts of another individual or entity.
Common causes of wrongful death include tractor-trailer and motor vehicle collisions, dangerous property conditions, medical malpractice, defective or dangerous products, and acts of violence.
A wrongful death case is civil in nature, meaning it is separate from any criminal charges that may arise from the same incident. The goal is not to punish the offender through jail time, but to compensate the deceased’s loved ones for the loss they’ve suffered.
Who Can File a Wrongful Death Claim in Georgia?
Georgia has a clearly defined legal structure for who can bring a wrongful death action. It is important to follow this statutory hierarchy to ensure the claim is valid.
Surviving Spouse
If the deceased was married at the time of death, the surviving spouse has the first right to file the wrongful death claim. If the couple had children, the spouse files on their behalf as well, but Georgia law ensures that the spouse cannot receive less than one-third of the total recovery, regardless of the number of children involved.
Children of the Deceased
If there is no surviving spouse, any surviving children—regardless of age—may bring the claim.
Surviving Parents
If the deceased had no spouse or children, the right to file passes to the surviving parent or parents.
Estate Representative
If none of the above parties survive, the personal representative of the deceased’s estate may file a wrongful death claim. In that case, any compensation recovered is held for the benefit of the deceased’s next of kin.
Navigating this order correctly is critical. In some cases, family members may be unaware of their legal standing or may encounter disputes.
Experienced legal counsel is essential to ensure that the appropriate parties are able to pursue their claim. Moreover, if more than one individual has the potential right to bring a claim (e.g. more than one child of the decedent), it may be important to initiate the claim first to establish the priority of parties.
Two Types of Wrongful Death Claims in Georgia
Georgia law recognizes two distinct claims that can be brought after a wrongful death:
- The “Full Value of the Life” Claim
Filed by the spouse, children, or parents, this claim seeks compensation for the full value of the life of the deceased from their perspective. It includes:
- Economic losses, such as lost wages, benefits, and services the deceased would have provided
- Non-economic losses, like the loss of companionship, care, advice, and emotional support
This is often the more substantial portion of a wrongful death case and reflects the totality of what the individual’s life meant, beyond just financial contributions.
- The Estate Claim
Filed by the estate’s personal representative, this claim focuses on losses the deceased incurred before death and expenses related to the passing. These may include:
- Medical bills stemming from the final injury or illness
- Funeral and burial expenses
- Conscious pain and suffering the deceased experienced before death
The compensation recovered under this claim goes into the deceased’s estate and is distributed according to their will. If no will exists, the compensation is distributed according to Georgia’s intestate succession laws.
What Damages Are Recoverable?
Each wrongful death case is unique, but Georgia law allows for a broad range of damages, including:
Damages to the Family (Full Value of Life)
The Full Value of Life claim includes future income the deceased would have earned and the loss of benefits such as healthcare, retirement plans, or inheritance. In addition, a Full Value of Life claim is unique in Georgia in that it is the value as perceived through the eyes of the decedent rather than the losses experienced by the family. The value is what a jury determines the decedent believed his or her life was worth.
Damages to the Estate
Damages to the estate include medical treatment costs prior to death along with funeral and burial costs. If it can be proven that the deceased endured pain and suffering prior to death, there may be a claim for additional damages.
Punitive Damages
While punitive damages are not typically available in wrongful death claims under Georgia law, they may be recoverable in related claims brought by the estate, especially in cases involving gross negligence or intentional misconduct.
Statute of Limitations: How Long Do You Have to File?
In most wrongful death cases in Georgia, the statute of limitations is two years from the date of death (O.C.G.A. § 9-3-33). Estate claims may be extended a bit beyond the two year mark, until the time the estate is formally represented by an Executor or Administrator, but it is best to ensure two years from the date of the decedent’s death does not pass before filing a lawsuit. Failing to file within that time frame can bar the claim permanently, regardless of its merit. This is why it’s important to consult with an attorney as early as possible, even if you’re still gathering information or unsure about the next steps.
Why Legal Guidance Matters
Wrongful death claims are legally complex and emotionally charged. They require not only a firm understanding of Georgia’s statutes but also the ability to gather compelling evidence, deal with insurers, and value both tangible and intangible losses.
At Lazenby Law Group, we have helped Georgia families pursue justice after devastating losses, including cases involving medical malpractice and trucking collisions. We approach every case with compassion, attention to detail, and a commitment to securing the results our clients deserve.
Contact Us
If you’ve lost a loved one due to the negligence or wrongdoing of another, you don’t have to face the legal process alone. Georgia’s wrongful death laws exist to give families a voice and an avenue toward justice.
Contact Lazenby Law Group today for a confidential consultation. We’ll help you understand your rights, evaluate your options, and fight for the compensation your family needs to begin healing.
