Georgia allows two types of legal actions to pursue justice if your family has lost a loved one due to someone else’s carelessness or misconduct. You may bring a wrongful death lawsuit to demand compensation for the full value of your deceased loved one’s life, including the money they would have earned and the companionship and household support they would have provided. Secondly, a survival action allows the deceased’s estate to pursue compensation for losses, such as medical expenses, pain and suffering, and funeral expenses.
If you’ve lost a family member, the compassionate wrongful death attorneys of Spiva Law Group are ready to offer trusted guidance to help you during this challenging time. Your family should not face financial hardship due to someone else’s negligence. We will outline the legal options that give you the best chance of recovering compensation to move forward after a loved one’s death.
Contact our wrongful death attorneys and request a free consultation to learn more about your legal rights and what our team can do to assist you.
What Is a Wrongful Death Action?
Georgia law (Ga. Code § 51-4-1) defines a death as wrongful if it results from a crime, from criminal misconduct, or from other negligence, or from a defectively manufactured product. A wrongful death occurs when the careless actions of an individual or business cause a fatal accident that results in another’s death.
What Kinds of Accidents Can Lead to a Wrongful Death?
Some of the most common situations that can trigger a wrongful death action include:
- Motor vehicle accidents, such as car crashes and truck accidents
- Professional negligence, such as medical malpractice
- Defective products
- Intentional acts such as crimes or violence.
When an accident victim’s death is due to the negligent actions of another, a wrongful death lawsuit is one way of seeking compensation for the full value of the person’s life.
Who May File a Wrongful Death Claim?
Georgia law stipulates that specific family members of the deceased can file a wrongful death suit.
Those who may file a wrongful death claim include:
- Surviving spouse
- Surviving children
- Parents
- The executor of the deceased individual’s estate.
If the deceased individual has no surviving spouse, the right to file a wrongful death lawsuit passes to the surviving children. If the individual has no children or if the deceased is a minor, the responsibility moves to the surviving parents. The executor of the individual’s estate may also file a wrongful death lawsuit on behalf of the deceased. Individuals like siblings and grandparents are ineligible to file wrongful death lawsuits.
What Is a Survival Action?
Although they sound similar, a wrongful death lawsuit differs from a survival action. A survival action is a separate and distinct legal claim brought on behalf of the deceased’s estate. It seeks to recover compensation for the harm experienced by the individual, such as medical expenses and pain and suffering.
In terms of compensation, a survival action case is a lawsuit that seeks compensation for losses that the individual could have pursued in a personal injury lawsuit, if they had survived the accident.
Who May File a Survival Action?
Only the executor or personal representative of the deceased’s estate can file a survival action. The executor manages the estate of the deceased. The deceased’s will or estate plan usually designates who serves as the estate executor. The court can appoint an executor if the individual passes without a will.
What Sort of Damages Can Be Sought in Either Claim?
The value of wrongful death and survival action cases varies depending on the circumstances of the incident. Wrongful death lawsuits allow family members to seek compensation for the “full value of the life of the decedent,” which can mean recovering money for lost wages, loss of companionship and financial support for the household.
Survival actions allow the executor or personal representative of the deceased’s estate to seek compensation for expenses that the deceased could have sought if they had survived the accident. Compensation often includes money for medical expenses incurred before death and the value of pain and suffering before death.
Is It Possible to Pursue Both Claims?
Yes. In certain situations, a family may pursue both a wrongful death claim and a survival action following the death of a loved one. A member of the deceased person’s family can pursue a wrongful death case while the personal representative of the deceased files a survival action. Depending on how the deceased set up their estate, this individual may be the same person.
For example, if the deceased has a surviving spouse who is also the named executor of the deceased individual’s estate, the spouse can pursue a wrongful death claim as the surviving family member and a survival action as the executor of the estate.
What Is the Statute of Limitations for a Wrongful Death Claim or a Survival Action?
Georgia law gives individuals two years from the date of a loved one’s death to file a wrongful death case. The same legal deadline applies to survival actions as well.
Although grief has no time limit, legal actions do. It is best to consult with an experienced Georgia wrongful death attorney as soon as possible to understand your rights and legal options. Filing a case after the deadline means the court is likely to dismiss your case.
Contact a Georgia Personal Injury Lawyer
At Spiva Law Group, our Savannah wrongful death attorneys take the time to get to know you and your family while guiding you through the wrongful death legal process. Our experienced attorneys have handled many wrongful death claims and recovered more than $500 million for our clients. Spiva Law Group offers service, strength, and results. We are ready to help you seek maximum compensation for your family’s losses.
Contact our Savannah office today for a free consultation to discuss your situation.
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