Losing a loved one unexpectedly is devastating—especially when the death was preventable. When someone’s negligence or wrongful actions cause another person’s death, Georgia law allows certain family members to seek justice through a wrongful death lawsuit. These claims provide more than compensation—they are a way to hold responsible parties accountable and secure financial stability for the people left behind.
If you’re grieving and unsure whether you can file a wrongful death lawsuit in Georgia, this guide explains who’s eligible, what can be recovered, and how the legal process works.
What Is a Wrongful Death Lawsuit in Georgia?
A wrongful death lawsuit is a civil claim filed against a person, company, or entity whose actions or negligence caused someone’s death. These lawsuits are governed by Georgia Code § 51-4-1 through § 51-4-6 and are completely separate from any criminal charges that might also be filed.
Wrongful death claims often arise from:
- Motor vehicle accidents
- Medical malpractice
- Dangerous property conditions
- Defective products
- Workplace incidents
- Criminal acts such as assault or DUI
Unlike criminal cases, wrongful death suits are filed by surviving family members or estate representatives and seek monetary compensation, not jail time.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia law outlines a clear order of eligibility:
The surviving spouse has first priority. If there are minor children, the spouse must represent their interests.
The children of the deceased may file if there is no surviving spouse.
The parents of the deceased may file if there are no spouse or children.
The estate administrator may file if none of the above are available. In this case, damages are awarded to the next of kin.
The surviving spouse is entitled to receive no less than one-third of any recovery, regardless of how many children are involved.
What Damages Can Be Recovered?
Georgia allows two distinct types of wrongful death claims:
Full Value of the Life of the Deceased
Filed by family members, this claim focuses on the decedent’s perspective and includes:
- Lost income, benefits, and retirement
- Loss of care, companionship, and household support
- Loss of future earnings and life contributions
Estate Claim
Filed by the estate representative, this covers:
- Medical expenses from the final injury
- Funeral and burial costs
- Conscious pain and suffering before death
These categories ensure that both emotional and financial losses are legally recognized.
Time Limits: How Long Do You Have to File?
Georgia’s statute of limitations for wrongful death is generally two years from the date of death. However, exceptions may apply:
If a criminal case is ongoing, the time limit may pause for up to six years.
If the estate hasn’t been probated, there may be brief extensions.
If the claim involves a government agency, special notice rules and shorter timeframes may apply.
Because every case is different, it’s essential to consult an attorney as soon as possible.
Can You Still File if the Deceased Was Partially at Fault?
Yes. Georgia follows a modified comparative negligence rule (O.C.G.A. § 51-12-33):
Families can recover damages if the deceased was less than 50% at fault
The compensation is reduced by the percentage of fault
Example: If a $500,000 verdict is awarded and the deceased was found 20% at fault, the family would receive $400,000.
Why Legal Representation Matters
Wrongful death cases are emotionally difficult and legally complex. Defendants and insurance companies often attempt to minimize payouts or deny responsibility.
At Hall & Collins Accident & Injury Lawyers, LLC, we:
- Determine eligibility and file claims on your behalf
- Investigate the cause of death and gather critical evidence
- Collaborate with medical and financial experts to assess damages
- Handle all legal filings, negotiations, and trial preparation
- Keep your family informed and supported every step of the way
You don’t have to take on this battle alone. We offer free consultations and no legal fees unless we win your case.
Common Questions Families Ask
What if the deceased wasn’t working?
Their role in the household—such as caregiving—still holds legal value.
Can multiple family members file separate lawsuits?
No. Georgia allows only one wrongful death claim per incident, brought by the eligible party or estate.
Will a civil claim interfere with criminal charges?
No. Civil and criminal cases are separate. A wrongful death claim pursues compensation, not criminal penalties.
You’re Not Alone in This Process
Losing someone due to negligence is a tragedy no family should face alone. But Georgia law gives you the right to pursue justice, financial security, and closure.
Call Hall & Collins Accident & Injury Lawyers, LLC at (706) 940-7889 for a free, confidential consultation. Let our Athens-based legal team guide your family with compassion, clarity, and a commitment to securing the outcome your loved one deserves.