The loss of a loved one due to another person’s negligence or misconduct is one of the most painful experiences a family can face. In Georgia, wrongful death laws exist to provide a path toward justice and financial recovery for surviving family members. Although nothing can replace the person you lost, pursuing a wrongful death claim can help ease the burden of medical bills, funeral costs, and lost income.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law allows the following individuals to file a wrongful death lawsuit:
- The surviving spouse
- If no spouse exists, the children of the deceased
- If no spouse or children, the parents
- If none of the above are available, the personal representative of the estate
When a spouse files, they must also represent the interests of any minor children. The court ensures that all eligible parties are considered when damages are distributed.
What Qualifies as Wrongful Death?
A wrongful death in Georgia occurs when someone is killed due to the negligent, reckless, intentional, or criminal acts of another person or entity. Common examples include:
- Motor vehicle crashes
- Medical malpractice
- Dangerous or defective products
- Unsafe premises
- Workplace accidents
- Criminal assault or violence
If the deceased could have filed a personal injury lawsuit had they lived, surviving family members can usually pursue a wrongful death claim.
What Damages Are Recoverable?
Georgia allows two types of wrongful death claims, each with different forms of compensation:
1. Full Value of the Life of the Deceased (filed by the family):
- Lost wages and benefits the deceased would have earned
- Loss of companionship, care, and other intangible benefits
2. Estate Claim (filed by the estate’s representative):
- Medical and funeral expenses
- Pain and suffering experienced before death
Together, these claims can address both the emotional and financial impact of the loss.
How Long Do You Have to File a Claim?
Georgia’s statute of limitations for wrongful death is two years from the date of death. However, if there is a criminal case related to the death, the civil deadline may be paused until that case concludes, up to a maximum of six years.
Waiting too long can result in your claim being dismissed, so it’s best to consult an attorney as soon as possible.
Wrongful Death from Car Accidents
Car crashes are among the leading causes of wrongful death in Georgia. If your loved one was killed in a crash caused by another driver’s negligence—such as distracted driving, DUI, or speeding—you may be entitled to pursue damages.
Even if the at-fault driver faces criminal charges, your family can file a civil wrongful death claim separately.
What About Workplace Fatalities?
In Georgia, families may receive workers’ compensation death benefits when someone dies on the job. However, if someone outside the employer—such as a subcontractor or equipment manufacturer—was responsible, you may also be able to file a wrongful death lawsuit.
A knowledgeable attorney can help you determine whether a third-party claim is possible.
Frequently Asked Questions About Wrongful Death in Georgia
Can adult children file a claim if there’s no surviving spouse?
Yes. If no spouse is alive, surviving children have the right to file a wrongful death claim. If there are multiple children, they may share the recovery equally.
What if the deceased had no will?
Even without a will, the court will appoint a personal representative to manage the estate and bring any estate-based claims. Eligible family members can still file a wrongful death claim for the full value of life.
Is there a cap on damages in Georgia?
No. Georgia does not place a cap on damages in wrongful death claims, meaning juries can award compensation based on the full value of the life lost.
How is compensation divided among family members?
When multiple family members are eligible, the law determines how damages are shared. For example, if a spouse and children are involved, the spouse receives at least one-third of the total amount.
Talk to a Georgia Wrongful Death Lawyer Today
If your family is suffering the loss of a loved one due to someone else’s careless or wrongful actions, legal help is available. A wrongful death attorney in Georgia can walk you through the process, protect your rights, and help you pursue the compensation you deserve. Take the first step by reaching out for a free consultation today.