Losing a loved one unexpectedly is one of the most devastating experiences any family can face—especially when that loss is caused by someone else's carelessness, recklessness, or intent to harm. In Georgia, state law provides surviving family members with the ability to seek justice through a wrongful death claim. These cases are about more than financial recovery—they are about accountability, closure, and securing the future of those left behind.
This guide explains how wrongful death claims work in Georgia, who can file, how long you have, and what damages may be recovered. Whether you’re facing this now or preparing for a consultation, understanding your rights is the first step toward healing.
What Is a Wrongful Death in Georgia?
Under Georgia law, a wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, criminal act, or defective product. The legal basis for these claims is outlined in O.C.G.A. § 51-4-1 through § 51-4-6.
Common causes of wrongful death include:
- Motor vehicle accidents involving negligence or DUI
- Medical malpractice or failure to diagnose
- Dangerous property conditions (premises liability)
- Defective products or equipment
- Workplace accidents or industrial negligence
- Criminal assault or homicide
In these cases, survivors can file a civil lawsuit against the at-fault party, which is entirely separate from any criminal proceedings.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law designates who may bring a wrongful death action, in the following order:
The spouse of the deceased
The children, if there is no surviving spouse
The parents, if there are no surviving spouse or children
The estate administrator, if no eligible family members exist
The surviving spouse must also represent the interests of any minor children and is guaranteed at least one-third of any total recovery, regardless of the number of children.
Two Types of Wrongful Death Claims in Georgia
There are technically two separate claims that may be brought:
1. Full Value of the Life of the Deceased
Filed by surviving family members, this claim seeks damages for the full economic and intangible value of the person’s life, including:
- Lost income and benefits
- Loss of care, companionship, and guidance
- Loss of future earnings and potential contributions
2. Estate Claim
Brought by the estate’s administrator, this claim seeks damages related to:
- Medical expenses from the injury or illness that led to death
- Funeral and burial costs
- Conscious pain and suffering before death
In many cases, both claims are filed together and resolved through a single legal process.
Time Limits: Georgia’s Wrongful Death Statute of Limitations
In most cases, Georgia law gives you two years from the date of death to file a wrongful death lawsuit. However, exceptions may apply:
- If there’s a criminal case related to the death, the statute may pause until it concludes (up to 6 years).
- If the claim involves a government entity, special notice and shorter deadlines may apply.
- If the estate is not yet probated, time may pause for up to 5 years under specific circumstances.
Acting quickly ensures your rights are preserved.
What Damages Can Be Recovered in a Georgia Wrongful Death Case?
A wrongful death claim is designed to provide financial security and justice to the surviving family. Damages may include:
- Lost wages and future earning capacity
- Loss of companionship, care, and parental guidance
- Pain and suffering before death (if applicable)
- Medical bills and funeral expenses
- Punitive damages (in cases of gross negligence or intentional harm)
Every case is unique and evaluated based on age, occupation, family structure, and the impact of the loss.
How a Georgia Wrongful Death Lawyer Can Help
Wrongful death cases are emotionally difficult and legally complex. Insurance companies may attempt to settle quickly or deny liability, and legal procedures can be overwhelming during a time of grief.
At Hall & Collins Accident & Injury Lawyers, LLC, we provide:
- In-depth investigation into the cause of death
- Identification of all responsible parties
- Expert analysis from medical and financial professionals
- Clear communication and guidance throughout the legal process
- Strong representation in settlement negotiations or court proceedings
We handle the legal burden so your family can focus on healing.
Common Questions Families Ask
What if my loved one was partially at fault?
Georgia’s comparative negligence law may still allow recovery if your loved one was less than 50% at fault.
Can more than one person file a claim?
The law establishes priority, but multiple beneficiaries can be included in one claim.
What if the responsible party has no insurance?
Other avenues may exist through the estate, uninsured motorist coverage, or pursuing multiple liable parties.
You Don’t Have to Navigate This Alone
If you’ve lost a loved one due to someone else’s negligence or misconduct, you have rights—and options. Hall & Collins Accident & Injury Lawyers, LLC offers free, confidential consultations and only collects fees if we win your case.
Call (706) 940-7889 today to speak with an experienced Georgia wrongful death attorney who will treat your case with the compassion, discretion, and dedication it deserves. Let us help your family seek the justice and peace needed to move forward.