Wrongful Death Lawsuits in Georgia: A Family's Guide

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a specific type of personal injury claim. The term "wrongful death" is actually applicable to a broad range of situations. Put simply, a death may be deemed "wrongful" if someone else can be found to be at fault for the death. This fault can be through direct and intentional action or through negligence. Even accidental deaths can be deemed wrongful.

The most common wrongful death suits involve the following situations:

• Vehicular Accidents: When someone is found to be at fault for a car accident that results in a death, they can be found responsible in a wrongful death lawsuit.
• Medical Malpractice: We trust doctors and other medical professionals to provide us with care during our most vulnerable moments, but when they make a mistake, it can be deadly.
• Criminal Acts: The most obvious criminal act that could be deemed a wrongful death is murder. However, if someone has committed any crime resulting in someone's death (regardless of their intended action), it could be the start of a wrongful death lawsuit.
• Faulty or Defective Products: Accidents involving faulty or defective products can lead to deaths, and those responsible for manufacturing the products can be held accountable through wrongful death lawsuits.

A Wrongful Death Case Is Separate From Any Criminal Case

Families are often surprised to learn that a criminal prosecution and a wrongful death lawsuit are two entirely separate proceedings, and that the outcome of one does not decide the other.

A criminal case is brought by the State against the person accused. Its purpose is punishment — jail time, probation, fines paid to the court — and the prosecutor, not your family, controls it. A wrongful death lawsuit is a civil case that your family brings, and its purpose is compensation.

The two also apply different standards. A criminal conviction requires proof beyond a reasonable doubt, the highest standard in the law. A civil claim requires only a preponderance of the evidence — meaning it is more likely than not that the defendant was at fault. That difference is why a family can still succeed in a wrongful death case even when no criminal charges were filed, or when charges were filed and did not result in a conviction.

If a criminal case is pending, it can affect the timing and strategy of the civil claim, but it rarely removes the family's right to pursue one.

How Long Do I Have to File a Wrongful Death Lawsuit?

In Georgia, the general statute of limitations on a wrongful death lawsuit is two years from the date of death. In some extenuating circumstances (such as when the government is named as the defendant in the lawsuit or when there are other criminal charges pending because of the incident), the limitations may be shorter or longer. Generally speaking, it's best to explore your options as soon as possible with the assistance of a skilled Georgia wrongful death lawyer to make sure you file your case on time and, most importantly, to make the discovery process (where evidence is gathered) most effective.

How Is a Wrongful Death Claim Calculated?

You cannot possibly put a price on the true value of someone's life. The loss of a loved one is an intangible one, and the law is not designed to replace or make up for that loss. Instead, a wrongful death suit is designed to provide some measure of comfort and help cushion the financial blow of such a death.

In a Georgia wrongful death lawsuit, the family can recover for the "full value of the life of the decedent, as shown by the evidence."

The "Full value of the life of the decedent, as shown by the evidence" means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived." O.C.G.A. § 51-4-1. Additionally, the "full value of the life" is measured from the point of view of the person who died. Brock v. Wedincamp, 253 Ga. App. 275, 281-82 (2002). What this means is that if a mother passes away, the measure of damages is not a son's loss from not having his mother anymore, but the mother's loss from not being able to raise her son.

There are two separate types of damages under the theory of "full value of the life" The first and easier part to calculate is the tangible value of the decedent's life and includes the money that the decedent would have earned throughout their life and the value of things they handled around the house for the family.

The second type of damages is for the intangible value of the decedent's life, which includes the decedent's relationships, family, and reasons for living. This is obviously much more difficult to evaluate, which is why is important for a Georgia wrongful death lawyer to get to know the person who passed away and to be able to tell that person's story in a meaningful and compelling way.

What is an Estate Claim?

A wrongful death case can also have a separate component called an Estate Claim. This allows the family to pursue a claim for medical bills, funeral expenses, and the pain and suffering of the decedent, as well as potential punitive damages against the at-fault party. As the name implies, the claim is brought by the decedent's estate and will include the following considerations:

• Medical Expenses: If the deceased accrued medical expenses stemming from the incident that led to death, those costs could be compensated through the lawsuit.
• Funeral Expenses: End-of-life services can be quite expensive, especially if the death was unexpected and without prior planning. Those expenses are also eligible for inclusion in the lawsuit.
• Pain and Suffering: Juries are given the option to award damages to account for a victim's pain and suffering leading up to death.

Which Family Member Brings the Claim?

Georgia does not let a family decide among themselves who will file. O.C.G.A. § 51-4-2 sets a fixed order of priority — surviving spouse first, then children, then parents, and finally the personal representative of the estate — and whoever sits at the top of that order controls the case.

That single rule decides more than who signs the paperwork. It determines who can accept or reject a settlement, how the recovery gets divided, and what happens when a blended family disagrees about whether to sue at all.

Because those questions come up in almost every case we handle, we cover them in depth in a separate guide: Who Can File a Wrongful Death Lawsuit in Georgia? walks through each tier of the hierarchy, the one-third minimum share the law guarantees a surviving spouse, and the disputes that most often stall a claim.

Is Filing a Wrongful Death Lawsuit the Best Next Step?

Dealing with a tragic loss can be overwhelming and confusing, and adding a complicated lawsuit can be a daunting task. However, a wrongful death lawsuit offers grieving family members the chance to seek justice and receive compensation for the many losses associated with their loved one's death.

How Can a Georgia Wrongful Death Attorney Help?

If you're considering a wrongful death lawsuit, you don't have to do it alone. The help of an experienced and compassionate Georgia wrongful death attorney can make the process easier and more manageable. Reach out today to talk to someone about your case and find out if filing a wrongful death lawsuit is the best next step.

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