Understanding Damages in Georgia Wrongful Death Lawsuits
Losing a loved one due to someone else’s negligence or misconduct is one of the most painful experiences a family can endure. While no amount of money can replace a lost life, Georgia law provides a legal path for surviving family members to seek justice and compensation through a wrongful death lawsuit.
At Butler Prather LLP, we’ve helped families in Columbus, GA—and across the nation—pursue full and fair compensation when the unimaginable happens.
What Is a Wrongful Death Claim in Georgia?
Under Georgia law (O.C.G.A. § 51-4-1), a wrongful death claim may be filed when a person dies due to the negligent, reckless, intentional, or criminal acts of another individual or entity. This includes deaths caused by car or truck accidents, defective products, medical malpractice, workplace incidents, or even criminal violence.
Wrongful death claims are civil lawsuits, which means they are brought by family members or the decedent’s estate—not the state—and they seek compensatory damages in Georgia rather than criminal penalties.
Who Can File a Wrongful Death Lawsuit in Georgia?
Understanding who is entitled to bring a claim is the first step in seeking wrongful death compensation. Georgia law outlines a clear order of priority:
- Spouse – The surviving spouse files the claim and shares any award with minor children.
- Children – If no spouse exists, surviving children may bring the claim.
- Parents – If there is no surviving spouse or children, the parents of the deceased can file.
- Estate Representative – If none of the above apply, the personal representative of the estate may file on behalf of next of kin.
Legal Damages in a Georgia Wrongful Death Case
There are two distinct but related claims that can be made after a wrongful death. Both types of claims may be filed simultaneously, but they cover different aspects of Georgia wrongful death damages.
- The wrongful death claim seeks the full value of the life of the decedent from the perspective of the deceased.
- The estate claim is brought by the representative of the decedent’s estate and covers financial losses like medical bills, funeral expenses, and pain and suffering before death.
Full Value of Life – Compensatory Damages in Georgia
The main component of a wrongful death claim is the “full value of the life” of the decedent, which is divided into two categories.
Economic Damages
Economic damages include measurable losses such as:
- Lost wages and earning potential
- Lost benefits (e.g., insurance, retirement)
- Value of services the deceased would have provided (childcare, household duties)
These damages are often calculated with the help of financial experts. They consider the age, career trajectory, education, and health of the deceased.
Non-Economic Damages
Non-economic damages include:
- The loss of companionship, love, and guidance
- The decedent’s loss of enjoyment of life
- The inability to pursue hobbies, goals, and relationships
Estate-Based Damages
Separate from the wrongful death claim is the estate claim. These damages go to the decedent’s estate and are distributed according to their will or Georgia’s intestacy laws.
Estate damages may include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Conscious pain and suffering experienced before death
Punitive Damages in Georgia Wrongful Death Cases
Punitive damages may be available in estate claims if the deceased experienced pain and suffering and the defendant’s conduct was especially egregious. These are intended to punish the wrongdoer and deter similar behavior in the future.
In these cases, Georgia law requires clear and convincing evidence of willful misconduct, malice, fraud, wantonness, or conscious indifference to consequences.
Punitive damages may be particularly relevant in cases involving:
- Drunk driving
- Reckless driving
- Defective products knowingly released by manufacturers
- Negligent hiring or supervision by employers
How Are Georgia Wrongful Death Damages Calculated?
Calculating damages in a wrongful death case involves both art and science. Economic damages rely on:
- Employment records and earning history
- Age and health of the deceased
- Expert testimony from economists or actuaries
- Value of unpaid labor and services
Non-economic damages are more subjective and may involve:
- Testimony from friends, family, and coworkers
- Expert opinions from psychologists or grief counselors
- Documentation of the decedent’s passions, relationships, and lifestyle
It’s crucial to present a compelling narrative backed by hard evidence. At Butler Prather LLP, we work closely with financial and medical experts to ensure our clients receive the maximum possible compensation for legal damages.
How Defendants Try to Avoid Accountability
Defendants and insurance companies often try to reduce or deny valid claims by arguing:
- The decedent was partially at fault (Georgia follows a modified comparative fault rule)
- The family’s claim lacks sufficient documentation
- The damages being claimed are speculative or excessive
A skilled attorney can anticipate and counter these tactics, ensuring your family’s interests are protected.
The Statute of Limitations for Georgia Wrongful Death Claims
In most cases, the statute of limitations for a wrongful death claim in Georgia is two years from the date of death. However, this timeline may be paused or extended in certain situations, such as:
- Ongoing criminal cases related to the death
- Delays in estate administration
Failing to file within the required timeframe could result in your case being dismissed, so it’s vital to act promptly.
Reasons to Choose Our Law Firm
Wrongful death claims are emotionally draining and legally complex. Having the right legal team in your corner can make all the difference. At Butler Prather LLP, we bring over 35 years of trial experience to every case and have recovered record-setting verdicts for families across Georgia.
Our firm has the resources to take on major insurance companies, corporate defendants, and negligent parties—and the results to prove it. When you choose us, you get:
- A deep understanding of Georgia wrongful death law
- Meticulous case preparation and expert collaboration
- Respectful and compassionate support during a difficult time
- No fees unless we win your case
Speak With Our Trusted Wrongful Death Lawyers in Columbus Today
Losing a loved one is devastating. Pursuing justice shouldn’t be another burden. Let our experienced and compassionate wrongful death attorneys handle the legal work so you can focus on healing and honoring your loved one’s legacy.
Call Butler Prather LLP at (706) 322-1990 to schedule a free consultation with a Columbus wrongful death attorney. We’ll help you understand your options, build a strong case, and seek the compensation your family deserves.