Losing a loved one is always painful—but when their death is caused by someone else’s negligence or wrongdoing, the emotional toll can be even more devastating. In Georgia, wrongful death laws allow certain family members to seek justice through a civil lawsuit. This legal action can help surviving family members hold the responsible party accountable and recover compensation for the profound loss they’ve suffered.
If you’re navigating this difficult time, it’s important to understand who is legally allowed to file a wrongful death claim in Georgia—and what that process entails.
What Is a Wrongful Death Claim?
A wrongful death lawsuit is a civil action filed when a person dies due to the negligent, reckless, intentional, or criminal acts of another party. These lawsuits can arise from a variety of circumstances, including:
- Car accidents caused by reckless or drunk drivers
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal acts such as assault or homicide
In Georgia, the purpose of a wrongful death lawsuit is to compensate surviving family members for the full value of the life of the deceased, both economic and non-economic.
Who Has the Right to File a Wrongful Death Lawsuit in Georgia?
Georgia law is very specific about who can file a wrongful death claim. The right to file follows a clear order of priority among the deceased’s surviving family members:
- Spouse of the Deceased
The first person with the right to file is the surviving spouse. If the couple had minor children, the spouse must also represent the interests of those children in the lawsuit. It’s important to note that, under Georgia law, the spouse is entitled to no less than one-third of the total recovery, regardless of the number of children.
- Children of the Deceased (if no surviving spouse)
If there is no surviving spouse, the deceased person’s children may file the lawsuit. This includes biological and legally adopted children. Adult children are eligible to file, but stepchildren typically are not unless they were legally adopted.
- Parents of the Deceased (if no spouse or children)
If the deceased was unmarried and had no children, the surviving parent or parents may bring the wrongful death claim. Parents may file jointly or individually, depending on their relationship with the deceased and with each other.
- Administrator or Executor of the Estate
If none of the above relatives exist or are able to file, the wrongful death claim may be brought by the personal representative (administrator or executor) of the deceased person’s estate. In this case, any damages recovered are held by the estate and distributed to the deceased person’s next of kin.
What Damages Can Be Recovered?
Wrongful death lawsuits in Georgia can include two separate types of claims:
- The Full Value of the Life of the Deceased
This includes both tangible and intangible elements, such as:
- Lost income and benefits the person would have earned
- Loss of care, companionship, and other intangible aspects of life
- The Estate Claim
The estate may also file a separate claim for:
- Medical expenses related to the deceased’s final injury or illness
- Funeral and burial expenses
- Conscious pain and suffering endured before death
Is There a Time Limit to File?
Yes. Georgia law imposes a statute of limitations of two years from the date of death to file a wrongful death claim in most cases. However, this timeline may be extended in certain situations—such as when there is a criminal case related to the death, or when the estate has not yet been probated.
It’s crucial not to delay. Waiting too long can jeopardize your ability to recover compensation and obtain justice.
How a Wrongful Death Attorney Can Help
Wrongful death claims are emotionally complex and legally challenging. A knowledgeable attorney can help guide you through the process, gather evidence, work with experts, and ensure your family’s rights are protected.
At the David Bell Law Firm, we understand the pain and uncertainty that come with losing a loved one unexpectedly. Our team has extensive experience helping Georgia families pursue justice in wrongful death cases with compassion and determination.
Let Us Help You Find Justice
If you believe your loved one’s death was caused by someone else’s negligence or misconduct, we encourage you to speak with an experienced wrongful death lawyer as soon as possible. The David Bell Law Firm offers free consultations to help you understand your legal rights and options.
Contact us today to schedule your consultation and take the first step toward holding the responsible party accountable. We are here to fight for your family, every step of the way.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please consult an attorney.
