Losing someone you love is never easy. When that loss is caused by someone else’s careless or wrongful actions, the pain can feel even heavier. You may be left with questions about your rights, the legal process, and how to hold the responsible party accountable.
In Georgia, the wrongful death statute gives surviving family members the right to file a lawsuit for the full value of the life lost. This law is designed to support grieving families by allowing them to pursue damages and hold negligent or reckless individuals or entities accountable for the harm they caused.
This blog explains how the Georgia wrongful death statute works, who can file a claim, what types of damages may be available, and what you need to know before moving forward.
What Qualifies as a Wrongful Death in Georgia?
Under Georgia law, a wrongful death occurs when a person dies as a result of someone else’s negligent, reckless, intentional, or criminal actions. This could include:
- Car accidents caused by distracted or drunk drivers
- Medical malpractice resulting in fatal injury
- Dangerous property conditions that lead to fatal falls or accidents
- Defective products that cause a fatality
- Violent criminal acts
The statute that governs these claims is found under the Georgia Wrongful Death Act, specificallyO.C.G.A. § 51-4-2.
Who Can File a Wrongful Death Claim in Georgia?
Not every relative can bring a wrongful death lawsuit. Georgia law outlines a specific order of priority:
- The surviving spouse
- Children of the deceased, if there is no surviving spouse
- Parents of the deceased, if there is no spouse or children
- The personal representative of the decedent’s estate, if no surviving relatives qualify
The law also states that if the spouse files the claim and there are minor children, the spouse must share the award with them. However, the spouse will receive no less than one-third of the total recovery, no matter how many children are involved.
What Damages Can You Recover?
No lawsuit can bring your loved one back. But when a life is cut short because of someone else’s careless or intentional actions, the legal system offers a way to seek justice and accountability. Filing a wrongful death claim in Georgia is not just about financial compensation. It’s about honoring the value of the life lost and giving the surviving family a path forward after such a painful disruption.
In many cases, families face immediate and long-term financial stress on top of their grief. Medical bills, funeral costs, and the sudden loss of income can place a heavy burden on those left behind. Pursuing a wrongful death claim may be the only way to regain some stability while holding the responsible party accountable.
Georgia law allows for two distinct types of claims following a wrongful death:
1. Claim for the Full Value of the Life of the Deceased
Filed by the surviving family, this claim may include:
- Lost wages and benefits the deceased would have earned
- Loss of companionship, care, and services
- Intangible value of the deceased’s life from their perspective
2. Estate Claim
Brought by the personal representative of the decedent’s estate, this claim can include:
- Medical bills related to the final injury
- Funeral and burial expenses
- Pain and suffering the deceased experienced before death
- Punitive damages, in cases involving gross negligence or criminal acts
How Georgia Calculates the “Full Value” of a Life
Unlike some states, Georgia does not reduce the value of life based on age, income, or other limiting factors. The court or jury is instructed to consider both economic and non-economic value, including:
- The decedent’s projected income and earning potential
- The value of household services and care
- The relationships and joys they experienced in life
- The pain of losing time with children, grandchildren, or a spouse
The jury must consider the decedent’s entire life as a whole, not just what was measurable in dollars.
Do You Need to Prove Negligence?
Yes. In most wrongful death cases, proving negligence is a necessary part of holding the responsible party accountable. That means showing that someone failed to act with reasonable care, and that failure directly led to the death of your loved one.
To build a successful case, your legal team typically needs to demonstrate the following:
- The at-fault party owed a duty of care. This means the person or entity had a legal obligation to act in a reasonably safe and responsible manner. For example, drivers have a duty to follow traffic laws, and doctors have a duty to provide competent medical care.
- There was a breach of that duty. A breach occurs when the responsible party fails to meet their obligation. This could involve distracted driving, skipping safety inspections, ignoring medical standards, or failing to secure hazardous property conditions.
- The breach directly caused the victim’s death. It must be shown that the negligent or wrongful act was not just present, but was the actual cause of death. In some cases, this link is clear. In others, it may require expert testimony or forensic evidence to connect the dots.
- The family or estate suffered measurable damages. These damages can include both financial losses, like funeral expenses or lost income, and non-financial losses, such as the loss of companionship or emotional support.
Supporting evidence might include police or incident reports, medical records, photos or videos, expert opinions, and witness statements. In many cases, piecing together a strong case means acting quickly to preserve key facts before they’re lost or forgotten.
How Long Do You Have to File?
Under Georgia’s statute of limitations, you generally have two years from the date of death to file a wrongful death lawsuit. However, some exceptions apply. For example:
- If a criminal investigation is ongoing, the statute may be paused
- If the claim involves a government entity, you may have less time
It’s important to act promptly so your legal options are not lost.
What About Insurance Companies?
Insurance companies often get involved when a wrongful death results from a traffic accident, medical malpractice, or premises liability incident. While they may offer a settlement, keep in mind:
- Their goal is to protect their bottom line
- Initial offers may not reflect the full value of your case
- A fair settlement must account for long-term losses and emotional impact
Having a wrongful death attorney on your side means the insurance company doesn’t get to dictate what your loved one’s life was worth.
How a Law Firm Can Support Surviving Families
After a sudden and devastating loss, taking legal action may feel like the last thing on your mind. The shock, grief, and uncertainty can make it challenging to think clearly when dealing with insurance companies or legal paperwork. That’s where the support from the right law firm can make a significant difference.
This support often includes:
- Investigating the facts thoroughly, including gathering witness statements, accident reports, and expert opinions
- Identifying every party that may be held responsible, whether it’s an individual, business, or government agency
- Communicating with the insurance company, so you’re not forced to field calls or respond to pressure tactics
- Calculating the full scope of your losses, from economic damages to the emotional and personal value of your loved one’s life
- Preparing for court, if necessary, and standing by your side through every stage of the legal process
These aren’t just tasks. They are ways of protecting your rights and honoring the life that was lost. Whether your loved one died in a car crash, during a medical procedure, at work, or in any other preventable situation, Georgia law gives you the legal tools to demand accountability.
Talk to an Atlanta Wrongful Death Lawyer Who Will Take Your Case Seriously
At Greathouse Trial Law, we know how devastating it is to lose a loved one because someone else was negligent. Our team represents grieving families throughout Atlanta and fights to hold negligent parties accountable.
We work to recover maximum compensation, including lost wages, burial expenses, and non-economic damages, so your family can move forward with greater peace of mind. Whether your case involves a traffic accident, medical malpractice, or another type of personal injury claim, we’re here to support you.
Your online search for “wrongful death lawyers near me” or “lawyers for wrongful death” brought you here. Take the next step and call (678) 310-2827 or fill out our confidential online form to schedule your FREE legal consultation. You won’t pay anything unless we recover compensation for you.
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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Greathouse Trial Law, LLC
100 Galleria Parkway, Suite 1460
Atlanta, GA 30339
(678) 310-2827
https://www.atltriallaw.com/
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