The Difference Between Wrongful Death and Survival Actions in Georgia

When tragedy strikes and a loved one passes away due to someone else’s negligence or intentional harm, families are left grappling with profound emotional and financial challenges. In Georgia, the law provides two distinct legal avenues to seek justice and compensation: wrongful death actions and survival actions. While both are designed to address the aftermath of a loved one’s death, they serve different purposes and involve unique legal considerations.

Wrongful death claims focus on the losses experienced by the surviving family members, such as the deceased’s income, companionship, and guidance. On the other hand, survival actions emphasize the rights of the deceased themselves, allowing their estate to recover damages for the pain, suffering, and other hardships they endured before their passing.

Understanding these distinctions is crucial for grieving families and legal practitioners alike. Whether you’re seeking justice for a preventable accident or exploring the complexities of Georgia’s personal injury laws, knowing how these legal frameworks operate can ensure that every avenue for accountability and recovery is pursued.

What is a Wrongful Death Action?

A wrongful death action is a civil lawsuit brought by the surviving family members of a deceased person against the party responsible for the death. In Georgia, wrongful death claims are primarily governed by O.C.G.A. § 51-4-2. The law allows the deceased’s spouse, children, or parents to file a lawsuit against the responsible party to seek compensation for their losses.

Key Features of Wrongful Death Actions

1. Purpose: The primary aim of a wrongful death action is to compensate the surviving family members for their losses resulting from the death. This includes both economic and non-economic damages.
2. Eligible Plaintiffs: In Georgia, the following individuals have the right to file a wrongful death claim:

• The surviving spouse
• Children of the deceased
• Parents of the deceased (if there are no surviving spouse or children)
• The estate of the deceased may also file a claim if no family members exist.

3. Types of Damages: Damages in a wrongful death action may include:

• Economic damages: These cover financial losses such as lost wages, medical expenses incurred before death, and funeral costs.
• Non-economic damages: These include compensation for the emotional pain and suffering experienced by the survivors, loss of companionship, and mental anguish.

4. Statute of Limitations: In Georgia, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. It is essential to file within this timeframe to preserve the right to seek compensation.

What is a Survival Action?

A survival action is a separate legal claim that allows the estate of the deceased to pursue compensation for the pain, suffering, and losses experienced by the deceased before their death. This type of action is also governed by Georgia law (O.C.G.A. § 51-4-1). Unlike wrongful death actions, survival actions are focused on the deceased’s experiences rather than the survivors’ losses.

Key Features of Survival Actions

1. Purpose: The primary goal of a survival action is to seek compensation for the deceased’s suffering and losses that occurred between the time of injury and the time of death. This may include medical expenses, lost wages, and pain and suffering.
2. Eligible Plaintiffs: In a survival action, the deceased person’s estate is the plaintiff. The personal representative or executor of the estate is responsible for filing the claim on behalf of the estate and the deceased’s beneficiaries.
3. Types of Damages: Damages in a survival action may include:

• Medical expenses: Costs incurred for medical treatment before death.
• Lost wages: Income that the deceased would have earned had they lived.
• Pain and suffering: Compensation for the physical and emotional suffering experienced by the deceased before death.

4. Statute of Limitations: The statute of limitations for survival actions in Georgia is also two years from the date of the deceased’s injury or death, depending on which occurred first. It is important to be aware of this timeline to ensure that the claim is filed promptly.

If you suspect wrongful death, do not hesitate to consult our wrongful death attorneys for free case evaluation. Contact us today!

Key Differences Between Wrongful Death and Survival Actions

While both wrongful death and survival actions arise from the same tragic circumstances, they serve different legal purposes and involve distinct processes. Here are the primary differences between wrongful death and survival actions in Georgia:

1. Focus of the Claims

• Wrongful Death Action: Focuses on the losses suffered by the survivors due to the death of their loved one. It seeks compensation for the emotional and financial impact on the family.
• Survival Action: Focuses on the experiences of the deceased before their death. It seeks compensation for the deceased’s pain, suffering, and economic losses incurred prior to death.

2. Eligible Plaintiffs

• Wrongful Death Action: Filed by surviving family members (spouse, children, or parents) who are directly affected by the death.
• Survival Action: Filed by the estate of the deceased, represented by a personal representative or executor.

3. Types of Damages

• Wrongful Death Action: Includes damages for emotional pain, loss of companionship, and financial support lost due to the death.
• Survival Action: Includes damages for medical expenses, lost wages, and pain and suffering experienced by the deceased before death.

4. Legal Proceedings

• Wrongful Death Action: Typically involves a jury trial where the emotional and financial impact on the survivors is presented.
• Survival Action: May involve a trial focused on the deceased’s experience and losses, often requiring evidence of the deceased’s medical condition and suffering.

Can Both Actions Be Filed?

Yes, in Georgia, it is possible to file both a wrongful death action and a survival action simultaneously. This dual approach allows the estate to seek compensation for the deceased’s suffering while also addressing the losses experienced by the surviving family members. However, it is essential to ensure that both claims are filed within the respective statutes of limitations.

Conclusion

Understanding the difference between wrongful death and survival actions in Georgia is crucial for families seeking justice and compensation after the loss of a loved one. While both legal actions arise from similar circumstances, they serve distinct purposes and involve different plaintiffs, damages, and legal processes.

Surviving family members should consult with an experienced attorney to navigate these complex legal waters and ensure that their rights are protected.If you find yourself in a situation where you need to explore wrongful death or survival actions, it is advisable to seek legal counsel.

An attorney who specializes in personal injury and wrongful death cases can provide valuable guidance and help you understand your options, allowing you to make informed decisions during this challenging time. Contact us today for free case evaluation.