Who Can Bring a Wrongful Death Claim in Georgia?

Under Georgia’s wrongful death statutes, certain family members or the victim’s personal representative may file a wrongful death lawsuit, depending on which surviving family members a victim leaves behind.

Who Is Allowed to File the Wrongful Death Lawsuit?

If your loved one died due to another party’s negligence or wrongdoing, your family may want to hold the at-fault party accountable and recover compensation for your loss. But who can bring a wrongful death claim in Georgia?

Under Georgia law, various surviving family members may have the right to file a wrongful death lawsuit:

• Spouse – Typically, a surviving spouse has the right to file a wrongful death claim following their spouse’s death.
• Children – When a victim has no surviving spouse, the victim’s children may pursue a claim for the wrongful death of their parent.
• Parents – When a victim does not leave behind a spouse or children, the victim’s parents can file a wrongful death lawsuit.

When a victim has no surviving spouse, children, or parents, the personal representative of the victim’s estate may pursue a wrongful death claim on behalf of the victim’s next of kin. They will be named in the victim’s will or someone who petitions to be the estate’s personal representative (also called the executor or administrator).

What Damages Can Be Sought in a Georgia Wrongful Death Lawsuit?

In Georgia, a wrongful death claim allows a family to pursue compensation for the “full value of the life” of the victim. This includes both financial and personal losses resulting from the death, such as:

• Lost income and benefits the victim would have earned had they lived
• Lost growth in the value of the victim’s assets and estate
• Loss of the victim’s care and companionship
• Loss of services the victim provided to the family or household, such as housekeeping and childcare

Who Will Receive the Compensation from a Wrongful Death Claim?

The parties entitled to receive the compensation in a wrongful death claim will depend on who filed the claim. When a surviving spouse or children file a claim, they equally divide the compensation. However, the surviving spouse must receive at least one-third of the total compensation.

When one or both surviving parents file a claim after their child’s death, both parents equally share any compensation recovered.

If a personal representative files a wrongful death claim because a victim left no surviving spouse, children, or parents, the victim’s next of kin will receive any compensation recovered. Next of kin may include siblings, grandparents, or cousins.

What Is the Difference Between a Wrongful Death Claim and a Survival Action?

After a person’s death, the responsible party may face two legal claims: a wrongful death claim and a survival action. A wrongful death claim entitles surviving family members to recover compensation for the full value of the victim’s life, including the loss of their financial contributions, services to the household, and care or companionship.

Surviving spouses, children, or parents of a victim can file a wrongful death claim. Or if a victim left no eligible surviving family members, their personal representative can pursue the claim on behalf of the next of kin.

On the other hand, Georgia’s survival statute entitles the victim’s estate to file a compensation claim that the victim could have filed had they survived their injury or illness. A survival action can recover compensation for financial and personal losses incurred by the victim or their estate between their final injury and death. These losses may include:

• Final medical expenses
• Lost wages or income from missed work
• Funeral and burial expenses
• Conscious pain and suffering the victim experienced before their death

Unlike a wrongful death claim that surviving family members can file, only the personal representative of the victim’s estate can pursue a survival action. Any financial recovery obtained in a survival action becomes an asset of the estate distributed according to the victim’s will or state intestacy laws.

Is There a Time Limit for Filing a Wrongful Death Claim in Georgia?

Under Georgia’s statute of limitations, a claimant typically has two years after their loved one’s passing to file a wrongful death lawsuit against the party responsible for causing the death. However, this time limit may pause under specific circumstances. For example, the time between a victim’s death and the opening of their estate does not count toward the limitation period for a maximum of five years, at which point the clock will start running.

Courts will also pause the limitation period for a wrongful death claim arising from a criminal act for up to six years. Once the criminal case concludes or the six years are up, the limitation period begins.

Although your family may have two years to file a lawsuit, do not wait to speak with a Georgia wrongful death lawyer about your claim. Any lawsuit filed after the deadline will likely be dismissed by the trial court regardless of the strength of the case. If your family’s wrongful death claim gets dismissed, you may lose the right to recover compensation for your loss and hold those at fault for your loved one’s death accountable in civil court.

Contact a Georgia Wrongful Death Lawyer

If your family lost a loved one because of someone else’s negligence, you need practical, compassionate legal representation to seek accountability and compensation. Our legal team has the resources, skill, and experience to build a solid wrongful death claim in pursuit of the justice you deserve. Contact Spiva Law Group today for a free, no-obligation consultation with a dedicated Georgia wrongful death lawyer and learn more about your options.