Who Can File a Wrongful Death Claim in Georgia?
Losing a loved one unexpectedly is devastating. When that loss is caused by someone else’s negligence or wrongful actions—such as a car crash, medical error, or unsafe product—the pain is often accompanied by anger and a desire for accountability.
In Georgia, the surviving spouse, children of the deceased, parents of the deceased, and the victim’s estate can seek compensation.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed against a person or entity whose negligent, reckless, or intentional actions caused someone’s death. These claims are governed by Georgia’s Wrongful Death Act (O.C.G.A. § 51-4), which outlines who may file, when they may file, and what damages may be recovered.
Common causes of wrongful death in Georgia include:
- Car and truck accidents
- Medical malpractice
- Dangerous or defective products
- Workplace accidents
- Criminal acts such as assault or homicide
Wrongful death claims are separate from criminal prosecutions. While a criminal case can result in jail time, a wrongful death lawsuit in Georgia seeks financial compensation for surviving loved ones.
Georgia Wrongful Death Claim Eligibility
Georgia law restricts filing a claim in Georgia to specific individuals in a strict order of priority:
The Surviving Spouse
The surviving spouse is first in line to file a claim. If the deceased had minor children, the spouse must also represent their interests. In these cases, the spouse receives at least one-third of the total recovery, regardless of the number of children.
The Children of the Deceased
If there is no surviving spouse, the children of the deceased may file a wrongful death claim. All surviving children share the award equally.
The Parents of the Deceased
If the deceased had no surviving spouse or children, the legal right to file passes to the parents.
The Estate’s Personal Representative
If no spouse, children, or parents are available, the personal representative (executor or administrator) of the deceased’s estate may bring the claim. In this case, any recovered compensation is distributed to the deceased’s next of kin, as determined by Georgia’s intestate succession laws.
Siblings, grandparents, or unmarried partners generally do not have standing to file a wrongful death claim unless they are designated as the estate’s representative or meet the criteria above.
What Damages Can Be Recovered?
Georgia law allows two separate types of claims to be brought after a wrongful death:
The Full Value of the Life of the Deceased
This claim compensates surviving family members for the full value of the decedent’s life, had it not been cut short. It includes both:
- Economic value: Lost wages, benefits, and services the person would have provided
- Non-economic value: The loss of companionship, care, and enjoyment of life
The Estate’s Claim
The deceased’s estate may also bring a claim for damages suffered between the time of injury and death, such as:
- Medical expenses
- Funeral and burial costs
- Conscious pain and suffering endured before death
What Is the Legal Process for Filing a Wrongful Death Claim in Georgia?
Filing a wrongful death claim involves multiple steps. An experienced Columbus wrongful death attorney can guide you through each one, including:
Step 1: Initial Investigation
Your attorney will begin by gathering evidence such as police reports, medical records, witness statements, and expert opinions to determine liability and build the foundation for your case.
Step 2: Filing the Complaint
The wrongful death lawsuit is initiated by filing a formal complaint in civil court, outlining the facts of the case and the legal grounds for recovery.
Step 3: Discovery and Negotiation
Both sides exchange evidence and conduct depositions during the discovery phase. Many wrongful death cases settle before trial, but having a strong trial team signals that you are prepared to go the distance.
Step 4: Trial or Settlement
If a settlement cannot be reached, your case proceeds to trial. A judge or jury will determine liability and award damages accordingly.
What Is the Statute of Limitations for Wrongful Death in Georgia?
The deadline for filing a wrongful death claim in Georgia is two years from the date of death (O.C.G.A. § 9-3-33). This is a firm deadline that’s known as the statute of limitations, and missing it can permanently bar your right to compensation.
However, there are exceptions:
- If a criminal case is underway related to the death, the civil statute may be paused (tolled) for up to six years.
- In cases involving an estate, certain legal delays in establishing the estate may also pause the timeline.
Why You Need a Columbus Wrongful Death Attorney
Wrongful death cases are legally complex, and they often involve powerful opposing parties such as insurance companies, healthcare institutions, or trucking corporations.
At Butler Prather LLP, we’ve been helping Georgia families navigate this difficult process for over 35 years. Here’s how our team stands out:
- Extensive experience in high-stakes litigation, including some of the largest verdicts in Georgia history
- Personalized legal strategy tailored to each client’s unique situation
- Compassionate, responsive communication—we handle the legal burden so you can focus on healing
- Proven success in cases involving vehicle crashes, product liability, workplace deaths, and more
Speak With Our Trusted Wrongful Death Lawyers in Columbus
If you believe a loved one’s death was caused by someone else’s negligence, it’s important to act quickly. You only have a limited time to assert your rights; the sooner you speak with one of our wrongful death attorneys, the more effectively they can build your case.
Call Butler Prather LLP today at (706) 322-1990 for a free consultation. You don’t have to do this alone. Let our team stand beside you every step of the way.
FAQs About Georgia Wrongful Death Claims
Can multiple family members file separate lawsuits?
No, only one wrongful death claim can be filed per decedent. Eligible family members must be included in the same claim or represented by the same estate representative.
What if the deceased didn’t leave a will?
The estate can still pursue a claim through a court-appointed administrator, and the proceeds will be distributed according to Georgia’s intestate succession laws.
Can the at-fault party be criminally prosecuted and still sued civilly?
Yes, a criminal case and a wrongful death lawsuit are separate legal matters. A civil claim can proceed regardless of whether the defendant is charged or convicted.