Wrongful Death Lawsuit in Georgia: Everything You Need to Know

Losing someone you love is always heartbreaking. But when their death is caused by someone else’s negligence, recklessness, or even intentional actions, it’s not just a tragedy—it’s an injustice. In Georgia, the law provides a way for families to seek accountability and compensation through a wrongful death lawsuit.

As an Atlanta wrongful death Lawyer who’s worked with families across many locations in Georgia, I’ve seen firsthand how confusing and overwhelming this process can feel. My goal here is to break it all down in plain English—what the law says, what your rights are, and how the legal process works.

Let’s walk through everything you need to know, step by step.

What is a Wrongful Death Lawsuit in Georgia?

In Georgia, a wrongful death lawsuit is a civil claim brought against someone whose actions—whether negligent, reckless, or intentional—result in another person’s death. It’s different from criminal charges. While a criminal case focuses on punishing the wrongdoer (think jail time or fines), a wrongful death claim is about getting compensation for the surviving family.

In Georgia, wrongful death law is governed by O.C.G.A. § 51-4-1, which defines wrongful death as:

“The death of a human being resulting from a crime, from criminal or other negligence, or from property which has been defectively manufactured, designed, or maintained.”

This statute provides a broad basis for holding someone accountable, whether the death resulted from a car accident, medical malpractice, or even a defective product. It also emphasizes one key idea: the focus of a wrongful death claim is the harm caused to the deceased’s family and their financial and emotional loss.

Who Can File a Wrongful Death Lawsuit in Georgia?

Not everyone impacted by a loss can file a wrongful death claim. Georgia law strictly defines who has the legal standing to bring this type of lawsuit, in the following order of priority:

1. The Surviving Spouse
   The spouse of the deceased is the first person with the right to file. If the deceased also had minor children, the spouse must act on behalf of those children and share any compensation awarded. Georgia law ensures that the spouse receives no less than one-third of the total recovery, regardless of how many children are involved.
2. The Children
   If there is no surviving spouse, the children of the deceased may file the claim. This includes adult children.
3. The Parents
   If the deceased did not leave behind a spouse or children, the parents have the right to bring a wrongful death lawsuit.
4. The Personal Representative of the Estate
   If there are no immediate family members eligible to file, the personal representative of the deceased’s estate can bring the claim. Any damages awarded in this scenario are distributed according to the deceased’s will or Georgia’s intestacy laws.

This order of priority is laid out in O.C.G.A. § 51-4-2(a), which states:

“The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may bring an action for the wrongful death of the decedent.”

It’s important to follow this hierarchy carefully—any disputes about who has the right to file can slow down or complicate your case.

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

When a loved one dies, the financial and emotional impact on the family can be overwhelming. Georgia law recognizes this and allows families to recover damages in two main categories:

1. Full Value of the Deceased’s Life

This is the cornerstone of a Georgia wrongful death claim. It includes two components:

• Tangible Value: Lost wages, income, and benefits the deceased would have earned over their lifetime. This also includes retirement contributions, bonuses, and other financial benefits.
• Intangible Value: The less measurable but equally important losses, like the enjoyment of life, companionship, care, and guidance the deceased provided to their family.

The concept of “full value of life” is established in O.C.G.A. § 51-4-1(1), which defines it as:

“The full value of the life of the decedent, as shown by the evidence.”

2. Funeral and Medical Expenses

Separate from the “full value of life” claim, Georgia allows the deceased’s estate to recover expenses related to the death, such as medical bills incurred before passing, funeral costs, and burial expenses. This is addressed in O.C.G.A. § 51-4-5(b):

“The administrator or executor of the decedent may recover funeral, medical, and other necessary expenses resulting from the injury and death of the deceased person.”

These two categories ensure that both the family’s loss and the direct costs of the death are accounted for.

Understanding the Statute of Limitations for Wrongful Death in Georgia

One of the most important legal deadlines to keep in mind is Georgia’s statute of limitations for wrongful death cases. In general, you must file your lawsuit within two years of the date of death. Missing this deadline usually means losing your right to pursue compensation.

However, there are exceptions:

• Criminal Cases: If the death is connected to a criminal investigation, the statute of limitations may be paused (or “tolled”) until the criminal case is resolved.
• Fraud or Concealment: If the defendant’s actions involved fraud or deliberate concealment of the cause of death, the time limit may be extended.

This is governed by O.C.G.A. § 9-3-33, which sets the standard time frame but allows for exceptions under certain circumstances. Working with an attorney early can help you navigate these timelines and avoid costly mistakes.

Need a wrongful death lawyer? Contact Wetherington Law Firm today for a free case evaluation. 

Common Causes of Wrongful Death in Georgia

Wrongful death claims can arise from a variety of situations. Some of the most common causes of wrongful death include:

1. Car Accidents

Fatal car accidents often stem from negligence, such as distracted driving, speeding, or driving under the influence. Georgia has seen a sharp rise in traffic fatalities in recent years, making this one of the leading causes of wrongful death claims.

2. Medical Malpractice

When healthcare providers fail to meet the standard of care, the consequences can be deadly. Common examples include misdiagnosis, surgical errors, and medication mistakes. These cases often require expert testimony to establish that negligence occurred.

3. Defective Products

Manufacturers have a duty to ensure their products are safe for consumers. When a defect in design or manufacturing causes a fatality, the company can be held liable.

4. Premises Liability

Property owners in Georgia are required to maintain safe conditions. Fatal accidents like slips, falls, or drownings on dangerous premises can lead to a wrongful death claim.

5. Workplace Accidents

Certain industries, such as construction and manufacturing, carry high risks of fatal workplace accidents. Employers who fail to follow safety regulations may be held accountable.

How Do You Prove a Wrongful Death Case?

Proving a wrongful death claim in Georgia involves demonstrating the following elements:

1. Duty of Care: Show that the defendant had a legal duty to act with reasonable care. For example, drivers have a duty to follow traffic laws and avoid endangering others.
2. Breach of Duty: Prove that the defendant failed to meet this duty, either through negligence, recklessness, or intentional misconduct.
3. Causation: Establish a direct link between the defendant’s breach of duty and your loved one’s death.
4. Damages: Document the financial and emotional impact of the death on your family, including medical bills, funeral expenses, and loss of companionship.

This framework aligns with Georgia’s general negligence principles as outlined in O.C.G.A. § 51-1-6.

How to File a Wrongful Death Lawsuit in Georgia

Losing a loved one unexpectedly is one of the hardest experiences anyone can endure. When their death is caused by someone else’s negligence or wrongful actions, the grief is compounded by frustration and a desire for justice. In Georgia, families have the right to seek accountability through a wrongful death lawsuit.

If you’re considering filing a wrongful death claim, you likely have questions about the process, your rights, and what to expect. As an experienced wrongful death attorney in Georgia, I’ve guided many families through this complex legal journey. Let’s walk through everything you need to know about how to file a wrongful death lawsuit in Georgia—step by step.

Step 1: Determine If You Have Standing to File

The first step is confirming that you are eligible to file the lawsuit under Georgia law. If you’re unsure, consult an attorney who can help clarify your standing.

Step 2: Consult with a Wrongful Death Attorney

Wrongful death cases are legally complex and emotionally taxing. Hiring an experienced Georgia wrongful death attorney is critical to building a strong case. Your attorney will:

• Explain your rights under Georgia law.
• Evaluate the circumstances of your loved one’s death.
• Identify the liable party or parties.

Step 3: Investigate the Case

Your attorney will conduct a thorough investigation to gather evidence. This may include:

• Reviewing police or accident reports.
• Obtaining medical records and autopsy reports.
• Interviewing witnesses.
• Consulting experts, such as accident reconstruction specialists or medical professionals.

This investigative phase is crucial for proving liability and demonstrating the damages caused by the wrongful death.

Step 4: Calculate Damages

In Georgia, wrongful death claims seek compensation for the “full value of the life” of the deceased, which includes:

• Economic Damages: Lost wages, benefits, and other financial contributions the deceased would have made over their lifetime.
• Non-Economic Damages: Loss of companionship, care, and emotional support.

Additionally, the deceased’s estate may file a separate claim for medical expenses, funeral costs, and other necessary expenses. These damages are detailed in O.C.G.A. § 51-4-5.

Step 5: File the Lawsuit

Once the investigation is complete and your attorney has built a strong case, the next step is filing the lawsuit. This involves:

• Drafting a formal complaint that outlines the claims against the defendant.
• Filing the complaint in the appropriate Georgia court.

The complaint will include details about:

• The circumstances of the death.
• How the defendant’s actions caused the death.
• The damages being sought.

Step 6: Engage in the Discovery Process

After the lawsuit is filed, both sides enter the discovery phase. This involves:

• Exchanging evidence and documents.
• Taking depositions (formal interviews under oath).
• Submitting written questions, called interrogatories, to gather more information.

Discovery is a critical phase where both sides build their cases.

Step 7: Negotiate a Settlement

In many cases, the defendant’s insurance company may offer a settlement to avoid going to trial. Your attorney will negotiate on your behalf to ensure any settlement reflects the full value of your claim.

Step 8: Go to Trial (If Necessary)

If a fair settlement cannot be reached, the case will go to trial. At trial, both sides present their evidence, and a judge or jury determines whether the defendant is liable and how much compensation should be awarded.

Why You Need an Experienced Georgia Wrongful Death Attorney

Wrongful death cases are emotionally draining and legally complex. Having an experienced Atlanta personal injury lawyer by your side can make all the difference. Here’s why:

• Navigating Georgia Law: An attorney ensures compliance with all legal requirements and deadlines.
• Maximizing Compensation: From calculating damages to negotiating with insurance companies, your attorney fights for the best possible outcome.
• Trial Expertise: If your case goes to trial, you’ll need a skilled litigator to present your case effectively.

What to Do After Wrongful Death In Georgia: Step-by-Step Guide

Losing a loved one due to someone else’s negligence or wrongful actions is one of the most difficult experiences anyone can face. In addition to the emotional pain, you may feel overwhelmed by the legal, financial, and practical issues that arise after a wrongful death. Knowing what steps to take can help you navigate this challenging time and ensure your family’s rights are protected.

Here are some essential steps to take after a wrongful death in Georgia. Whether you’re dealing with the aftermath of a fatal car accident, medical malpractice, or another tragic incident, this guide provides clear, actionable advice to help you move forward.

1. Take Immediate Steps to Protect Evidence

Evidence is critical in wrongful death cases. As soon as possible, take steps to preserve any information that may help prove what happened and who was at fault. Key evidence includes:

• Photographs or Videos: Take photos of the accident scene, damaged property, or injuries.
• Official Reports: Obtain police reports, incident reports, or workplace accident records.
• Witness Information: Collect contact information from anyone who witnessed the incident.

Why This Matters:

In Georgia, wrongful death claims rely on proving that another party’s negligence or wrongful actions caused the death. Evidence collected early on can strengthen your case.

2. Obtain the Death Certificate

A death certificate is an official document that provides critical information about your loved one’s death, including the date, time, and cause. This document will be required for various legal and financial matters, including filing a wrongful death lawsuit.

How to Get It:

• Contact the Georgia Department of Public Health’s Vital Records Office or the local county health department where the death occurred.
• Request multiple certified copies, as you’ll likely need them for insurance claims, legal filings, and estate matters.

3. Consult a Wrongful Death Attorney

A wrongful death claim in Georgia involves complex legal issues, including determining liability, calculating damages, and meeting filing deadlines. Consulting an experienced wrongful death attorney early in the process can help you understand your rights and build a strong case.

What an Attorney Will Do for You:

• Evaluate your case and identify who may be legally responsible.
• Explain Georgia’s wrongful death laws, including who can file the claim and what damages can be recovered.
• Guide you through the legal process, from filing the lawsuit to negotiating settlements or going to trial.

Need a wrongful death lawyer? Contact Wetherington Law Firm today for a free case evaluation. 

4. Understand Who Can File a Wrongful Death Claim

In Georgia, only specific individuals are allowed to file a wrongful death claim. The order of priority is as follows:

1. The Surviving Spouse: The spouse has the first right to file and must represent any minor children of the deceased.
2. The Children: If there is no spouse, the children may file the claim.
3. The Parents: If there are no spouse or children, the parents of the deceased can file.
4. The Personal Representative of the Estate: If there are no immediate family members, the estate representative can file the claim.

This hierarchy is outlined in O.C.G.A. § 51-4-2, Georgia’s wrongful death statute.

5. Determine the Type of Damages to Pursue

A wrongful death claim in Georgia typically involves two categories of damages:

1. Full Value of Life: This includes both economic losses, such as lost income, and non-economic losses, such as loss of companionship and enjoyment of life.
2. Medical and Funeral Expenses: These costs are recoverable through the deceased’s estate.

Relevant Georgia Code:

Under O.C.G.A. § 51-4-1, families can seek compensation for the full value of the deceased’s life, as determined by evidence and testimony.

6. Gather Documentation to Support Your Claim

Wrongful death claims require thorough documentation of injuries to prove liability and calculate damages. Collect the following:

• Medical Records: These show the care your loved one received and may help establish negligence.
• Income Records: Pay stubs or tax returns can demonstrate the financial loss to your family.
• Funeral Expenses: Keep all receipts related to burial and funeral costs.
• Correspondence: Save any emails, letters, or other communications related to the incident.

7. Notify Insurance Companies

If the wrongful death involved a car accident, medical malpractice, or premises liability, you may need to contact the responsible party’s insurance company to file a claim. Your attorney can handle this communication to protect your rights and avoid unfair settlement offers.

Pro Tip:

Avoid giving a recorded statement to the insurance company without consulting your attorney first. Insurers often use these statements to minimize payouts.

8. File the Wrongful Death Lawsuit Within the Statute of Limitations

Georgia’s statute of limitations for wrongful death claims is generally two years from the date of death. Missing this deadline can result in losing your right to pursue compensation.

Exceptions:

• If the death is linked to a criminal case, the statute of limitations may be paused until the criminal case concludes.
• Fraud or concealment by the defendant may extend the filing deadline.

Relevant Georgia Code:
The statute of limitations is outlined in O.C.G.A. § 9-3-33, which states:

“Actions for injuries to the person shall be brought within two years after the right of action accrues.”

9. Work with Experts to Strengthen Your Case

In many wrongful death cases, expert testimony is critical to proving negligence or calculating damages. Common experts include:

• Medical Experts: To explain how medical negligence contributed to the death.
• Accident Reconstruction Specialists: To analyze the cause of a fatal car crash or workplace accident.
• Economic Experts: To calculate the financial impact of the deceased’s lost income and benefits.

Your attorney will coordinate with these experts to build a compelling case.

10. Focus on Healing While Your Attorney Handles the Legal Process

Pursuing a wrongful death claim can be emotionally draining. While your attorney handles the legal complexities, take time to focus on your own healing and the well-being of your family. Surround yourself with supportive friends, family, and counselors to help navigate the grieving process.

Conclusion: Justice and Closure for Families of Wrongful Death in Georgia

While no amount of money can bring back your loved one, a wrongful death lawsuit can provide financial security and a sense of justice. If you’ve lost someone due to negligence or recklessness, don’t navigate this process alone. Let our experienced Georgia wrongful death attorney guide you through this challenging time and fight for the compensation you deserve.

If you need help, I’m here to listen. Contact me for a free consultation, and let’s work together to get the justice your family deserves.