The loss of a family member is overwhelming no matter the circumstances involved. But when someone else’s negligence caused your loved one’s death, grief can be compounded by confusion and anger. Whether your loved one was killed in a fatal crash on I-285, medical malpractice at an Atlanta-metro hospital, or an act of violence caused by inadequate property security, your family deserves honest answers and accountability.
Wrongful death claims can be overly complex and require the help of a qualified attorney who will fight to ensure your family gets the justice you deserve. This article explains how wrongful death claims work in Georgia and what you should know if you decide to pursue damages for the loss of your loved one.
What Is a Wrongful Death Claim Under Georgia Law?
In Georgia, a wrongful death claim is a civil lawsuit that may be filed when a person’s death is caused by another party’s negligence, recklessness, or intentional act.
Georgia differs from other states as it has a unique wrongful death statute that distinguishes between two types of claims that stem from one death:
- Wrongful death claim: Brought by an eligible surviving spouse or next of kin and compensates for the “full value of life” of the deceased
- Estate/survival action: Brought by the estate’s personal representative and compensates for the deceased’s medical, funeral, and burial expenses, and the pain and suffering the victim endured before death
You can and generally should pursue a wrongful death and survival action simultaneously.
Who Can File a Wrongful Death Claim in Georgia?
You are dealing with the wrongful death of a family member, but are you eligible to file a claim? Georgia has a strict hierarchy for who has the legal right to file.
Priority order under Georgia law:
- Surviving spouse: The surviving spouse has the primary right to file, but if the deceased has surviving children, the surviving spouse must share the recovery equally with them. Even so, the spouse’s share cannot be less than one-third
- Children: If there is no surviving spouse, the children can file
- Parents: If there is no surviving spouse or children, the parents can file
- Estate administrator: If there is no spouse, children, or parents, the estate administrator can file
A critical point to remember is that Georgia only allows one wrongful death claim to be filed per death. If the surviving spouse files, the children cannot file separately but share in the spouse’s recovery. State law does not allow unmarried partners, siblings, or other relatives to file claims.
What Damages Are Available in Georgia Wrongful Death Cases?
One of the most unique aspects of a Georgia wrongful death claim is the deceased’s “full value of life.” Areas of the victim’s life are assessed to determine:
- Economic value: The value of the deceased’s earnings, benefits, and financial contributions they would have earned over their remaining lifetime
- Intangible value: The irreplaceable value of the support the deceased offered to their family, including companionship, guidance, protection, care, and advice
Georgia law explicitly values the life of the deceased and not just the economic losses. Accordingly, this aspect of the law often results in families recovering larger financial awards than in states that compensate only for economic losses.
A separate claim can be made for estate/survival damages, which may include:
- Medical bills incurred by the deceased before death
- Funeral and burial expenses
- Pain and suffering endured by the deceased caused by their fatal accident
- Property damage
Depending on the facts involved in the case, a family may be able to pursue punitive damages if the death was caused by willful misconduct, malice, or wanton conduct.
Statute of Limitations for Wrongful Death in Georgia
Georgia imposes a two-year statute of limitations for wrongful death claims. The clock starts ticking from the date of death, which should not be confused with the date the accident occurred, as the victim may have survived for a period before dying.
If the death was caused by a government entity such as a state highway defect, city bus, or county vehicle, an ante-litem notice must be filed within 6 months to one year, depending on the entity involved.
In certain circumstances, if the defendant is facing criminal prosecution for the death, the two-year statute of limitations may be tolled.
No matter how your loved one died, you should seek legal assistance immediately. In wrongful death cases, evidence can quickly disappear, and witnesses may be difficult to locate or have trouble remembering important details. An experienced attorney can start the legal process to avoid having your case dismissed if it is filed too late.
Common Causes of Wrongful Death in Atlanta and Georgia
Sadly, wrongful deaths occur at alarming rates in the Atlanta area and throughout Georgia. Even so, some of the most commonly cited reasons in accident reports include:
- Car accidents: Drunk driving, distracted driving, and speeding
- Truck accidents
- Pedestrian and bicycle accidents
- Motorcycle accidents
- Medical malpractice — these claims have a separate statute of limitations and caps on damages
- Workplace accidents — may involve both workers’ compensation and wrongful death claims
- Premises liability claims resulting from dangerous property conditions
- Defective products
The Wrongful Death Claims Process in Georgia
The wrongful death claims process has several distinct steps that must be followed to ensure you do not inadvertently lose your right to file and recover compensation. These essential actions include:
- Determine who has legal standing to file (surviving spouse, children, parent, or the estate)
- Investigate the death by gathering evidence, witness statements, police reports, medical records, and expert analysis
- File the claim within the two-year statute of limitations. Be mindful that the deadline may be shorter for accidents involving government entities
- Discovery and negotiation, which includes depositions, expert reports, and insurance negotiation
- Mediation or trial. Georgia courts tend to encourage mediation to try and resolve the matter without the need to go to trial
- Distribution of recovery. If a settlement is reached, the proceeds follow a statutory priority where the spouse and children share, or other family members following the state’s hierarchy
A wrongful death case can be emotionally complex, and the legal process must still occur while your family is still grieving. A compassionate attorney can manage the legal burden so your family can focus on healing.
Support for Families After a Wrongful Death
Losing a loved one because of someone else’s negligence can make it feel like your whole world has been turned upside down. If your family has lost a loved one due to someone else’s negligence, Durham Law Group is here to help. Contact us today at 404-845-3434 for a free, confidential consultation.
