Losing a loved one because of someone else’s carelessness is devastating, and no lawsuit can undo that loss. But Georgia’s wrongful death law gives surviving family members a way to hold the responsible party accountable and recover compensation for the immense value of the life that was taken. Understanding who can file and what can be recovered is an important first step.
If you have lost a family member due to another’s negligence in Carrollton or West Georgia, Met Lane & Associates, P.C. can help. Call 770-834-4107 for a free, compassionate consultation.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person dies because of another party’s negligent, reckless, or intentional act—such as a car or truck accident, medical malpractice, or unsafe property. It is a civil claim, separate from any criminal case, and its purpose is to compensate the family for their loss.
Georgia law (O.C.G.A. § 51-4-2) sets a strict order of who may bring the claim:
- •The surviving spouse. If there is a spouse, only the spouse can bring the claim. If there are also children, the spouse files on behalf of the children and shares the recovery—but the spouse can never receive less than one-third of the total.
- •The children. If there is no surviving spouse, the decedent’s children may file.
- •The parents. If there is no spouse or child (for example, when a child dies), the parents may bring the claim.
- •The estate’s administrator. If there is no spouse, child, or parent, the administrator of the estate files, and the recovery is held for the next of kin.
“Full Value of the Life of the Decedent”
Georgia is unusual in that it measures wrongful death damages by the full value of the life of the decedent—from the perspective of the person who died, not just the family’s financial loss. This has two parts:
- •Intangible value: the things that make life worth living—time with family and friends, raising children, hobbies, and the everyday experiences and joys of life.
- •Tangible (economic) value: the financial worth of the decedent’s life, such as lost income and benefits and the value of services they provided.
The Separate “Estate” Claim
In addition to the wrongful death claim, the decedent’s estate may bring a separate claim for losses the decedent and estate suffered—such as funeral and burial expenses, medical bills from the final injury, and the conscious pain and suffering the decedent endured before death. These two claims often proceed together.
The Filing Deadline
A Georgia wrongful death claim generally must be filed within two years of the date of death (O.C.G.A. § 9-3-33). Certain situations can change that timeline—for example, if the death involved a crime, the deadline may be paused while criminal proceedings are pending (generally for up to six years), and the probate of an estate can also affect the clock. Because these rules are nuanced, it is best to consult an attorney early.
Frequently Asked Questions
Who has the right to file a wrongful death claim in Georgia?
The surviving spouse has first priority (sharing with any children, but never receiving less than one-third). If there is no spouse, the children may file; if no children, the parents; and if none of those, the estate’s administrator.
What does “full value of the life” mean?
It is Georgia’s measure of wrongful death damages—the value of the life to the person who died, including both intangible (relationships, experiences, enjoyment) and tangible (economic) components.
How long do we have to file?
Generally two years from the date of death, though certain circumstances—like a related criminal case or an unprobated estate—can change the deadline.
Lost a Loved One? Get a Free, Compassionate Consultation
We understand that no amount of money can replace your loved one. Our goal is to ease the burden on your family and pursue full accountability. Met Lane & Associates charges no upfront fees for these cases. Call 770-834-4107 or visit 619 Newnan St, Carrollton, GA 30117.