What Families in Georgia Should Know About Filing a Wrongful Death Claim
Losing a loved one due to someone else’s negligence or misconduct is devastating. On top of the emotional toll, families are often left facing financial hardships and unanswered questions about justice.
If you find yourself in this situation, understanding your rights under the Georgia wrongful death statute is critical. Knowing who can file a wrongful death claim in Georgia, how the process works, and what compensation may be available can help your family move forward.
At Butler Prather LLP, we’ve been guiding grieving families through complex wrongful death lawsuits in Georgia for over three decades. Here’s what you need to know to protect your family’s rights and secure the justice your loved one deserves.
What Is a Wrongful Death Lawsuit in Georgia?
A wrongful death lawsuit in Georgia is a legal action that’s taken when a person’s death is caused by the negligent, reckless, intentional, or criminal actions of another party.
These claims aim to compensate surviving family members for the full value of the life lost. So it isn’t just about financial losses; it also could include the intangible value of a life that was cut short.
Common causes of wrongful death include:
- Car, truck, or motorcycle accidents
- Defective products
- Workplace accidents
- Medical negligence
- Dangerous property conditions
- Criminal acts
Whether the loss resulted from a tragic accident or a deliberate act, Georgia law provides a pathway for families to seek accountability and financial recovery.
Who Can File a Wrongful Death Claim in Georgia?
Under the Georgia wrongful death statute (O.C.G.A. § 51-4-2), only certain individuals have the legal right to file a claim. The order of priority is as follows:
- The surviving spouse: The spouse represents not only their own interests but also those of any minor children.
- Children of the deceased: If there is no surviving spouse, the children may file the claim.
- Parents of the deceased: If the deceased had no spouse or children, the parents are next in line.
- Estate representative: If none of the above survive, the administrator or executor of the estate can file on behalf of next of kin.
Surviving Family Rights in a Georgia Wrongful Death Case
Families often ask what rights they have after a wrongful death. Georgia law allows for two distinct types of claims.
1. A Wrongful Death Claim
This is brought forth by the eligible family members to recover the “full value of the life” of the deceased, including:
- Lost wages and any benefits the deceased would have earned
- Loss of care, companionship, and guidance
2. An Estate Claim
Filed by the estate representative, this claim seeks damages for:
- Medical expenses related to the deceased’s final injury or illness
- Funeral and burial costs
- Pain and suffering endured by the deceased before death
Both claims can be pursued simultaneously, ensuring that surviving family rights are fully protected.
Compensation for Wrongful Death in Georgia
No amount of money can replace a loved one, but compensation for wrongful death is designed to ease the financial burden and hold the responsible party accountable. Potential damages include:
- Economic damages: Lost income, benefits, and services the deceased would have provided.
- Non-economic damages: The intangible value of life experiences, relationships, and contributions.
- Medical and funeral expenses: Reimbursement for costs incurred due to the incident.
- Punitive damages: In cases involving gross negligence or intentional harm, additional damages may be awarded to punish the wrongdoer.
At Butler Prather LLP, we have a proven track record of securing substantial verdicts and settlements for families in these cases. Our commitment is to pursue full and fair compensation, reflecting the true value of the life lost.
What Is the Statute of Limitations in Georgia?
One of the most important factors in any wrongful death case is timing. The Georgia wrongful death statute of limitations generally allows:
- Two years from the date of death to file a claim.
However, there are exceptions that can either toll (pause) or shorten this period:
- If there is a criminal case related to the death, the clock may pause until that case concludes.
- Claims against government entities may have much shorter deadlines and require special notice procedures.
Failing to file within the applicable timeframe can permanently bar your family from recovering compensation. That’s why it’s critical to consult a wrongful death attorney in Columbus, GA, as soon as possible.
The Process of Filing a Wrongful Death Lawsuit in Georgia
Pursuing a wrongful death claim involves several key steps:
- Consultation with an attorney: An experienced lawyer can evaluate your case, identify liable parties, and explain your rights.
- Investigation: Gathering evidence, consulting experts, and reconstructing events to build a strong case.
- Filing the claim: Your attorney can file the necessary legal documents within the statute of limitations.
- Negotiation: Many cases are resolved through settlement discussions with insurance companies or defendants.
- Litigation: If a fair settlement isn’t offered, Butler Prather LLP is always prepared to take your case to trial.
At Butler Prather LLP, we know that for families, this isn’t just a case—it’s your life, your loss, and your pursuit of justice. That’s one of the reasons we handle every aspect of this process with diligence and compassion.
Why You Need an Experienced Columbus, GA, Wrongful Death Attorney
Wrongful death cases are complex and often involve large insurance companies and aggressive defense teams. Without experienced legal representation, families risk being undervalued or denied justice altogether.
Here’s why partnering with Butler Prather LLP makes a difference:
- Over 35 years of experience handling wrongful death and catastrophic injury cases.
- Nationwide recognition, with verdicts exceeding hundreds of millions of dollars.
- Proven success in holding powerful corporations and negligent parties accountable.
- Compassionate, client-focused approach because we understand what’s at stake for your family.
We believe in giving families a voice and fighting tirelessly to secure the compensation they deserve.
Speak with Our Experienced Wrongful Death Lawyer in Columbus, GA
If you’ve lost a loved one due to negligence or wrongful conduct, we understand the legal process can feel overwhelming. But you don’t have to face it alone, and you shouldn’t wait to learn about your rights.
Butler Prather LLP offers compassionate legal guidance and aggressive representation for families pursuing wrongful death lawsuits in Georgia. With offices in Columbus and Savannah, we proudly serve clients throughout Georgia and across the nation.
Contact us at (706) 322-1990 for a free consultation with a Columbus wrongful death lawyer. Our legal team can help you seek justice and secure the financial stability your family needs during this difficult time.