Tragedy often strikes when you least expect it. In Georgia, there were over 1,500 fatal car accidents in 2024, and other fatalities have happened due to medical malpractice, workplace accidents, defective products, premises liability, and more. Although the causes are all different, the outcome remains the same: a person died because someone else was negligent or careless.
If you lost a loved one in this manner, you may be entitled to financial compensation. In Georgia, the law allows certain family members to file a wrongful death claim for the full value of the life lost. But not everyone is eligible to sue, and the rules surrounding untimely death claims can be complicated.
If you’ve lost a spouse, child, parent, or another close family member in a preventable incident, this guide explains who can sue for wrongful death in Georgia, what damages can be recovered, and how a personal injury attorney from The Champion Firm can help.
What Is a Wrongful Death Claim in Georgia?
A wrongful death claim in Georgia is a civil legal action brought when a person dies as a direct result of another party’s negligent, reckless, intentional, or criminal conduct. It is not tied to criminal prosecution, though the same act may give rise to both a criminal case and a civil wrongful death lawsuit. The purpose of the wrongful death action is to provide surviving family members with financial compensation for the loss of the deceased.
Under O.C.G.A. § 51-4-2, a wrongful death claim is appropriate when the victim’s death would not have occurred but for the misconduct of another person or entity. This includes several types of wrongful conduct:
- Negligence: The most common basis for wrongful death claims, this category includes fatal motor vehicle collisions, pedestrian accidents, unsafe premises (such as inadequate security or dangerous property conditions), and institutional neglect, such as nursing home abuse. The standard is whether a reasonably prudent person would have acted differently under similar circumstances.
- Medical Malpractice: This applies when a healthcare provider fails to follow accepted medical standards, resulting in death. Examples include surgical errors, failure to diagnose, delayed treatment, improper medication administration, and birth-related injuries. The claim must show that the medical provider breached their duty of care and that breach caused the fatal outcome.
- Intentional Acts or Crimes: These acts include homicide, manslaughter, assault, DUI-related fatalities, and other violent acts. Even if the defendant is facing criminal charges, the family has the right to bring a civil claim for damages based on the same incident.
- Defective Products: If a dangerous or defective product, such as a faulty vehicle component, unsafe drug, or malfunctioning machinery caused the death, the manufacturer, distributor, or retailer can be held liable under Georgia’s product liability laws. These cases may involve design defects, manufacturing defects, or failure to provide adequate warnings.
- Workplace Incidents Outside of Workers’ Compensation: In most job-related deaths, the exclusive remedy is through the Georgia workers’ compensation system. However, if a third party (not the employer or a co-worker) contributed to the fatal incident, the family may file a wrongful death lawsuit. This could include cases involving negligent subcontractors, equipment manufacturers, or property owners.
The foundation of any wrongful death case in Georgia is whether the deceased person would have had a valid personal injury claim had they lived. If they could have sued for their injuries, then certain survivors now have the legal right to pursue that claim on their own behalf.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law strictly limits who can file a wrongful death claim. The statute creates a clear order of priority:
- Spouse: If the deceased was married, the surviving spouse has the first right to bring the claim. If there are surviving children, the spouse must share the recovery with them but is entitled to one-third of the total wrongful death settlement or verdict, regardless of the number of children.
- Children: If there is no surviving spouse, the surviving children can file the claim. This includes both minor and adult children.
- Parents: If the deceased had no spouse or children, the surviving parent or parents can pursue the claim.
- Estate Representative: If there are no eligible family members or if the claim is not filed within a reasonable time, the personal representative (executor or administrator) of the estate can bring the claim on behalf of the next of kin. Any recovered damages are distributed according to Georgia’s laws of intestate succession.
Other relatives, such as siblings, grandparents, and cousins, are not permitted to file a wrongful death claim unless they are the legal representative of the estate and no other qualifying relatives exist.
What Can Be Recovered in a Wrongful Death Claim?
Georgia allows for two separate claims related to a wrongful death, both of which are outlined in detail below.
The Wrongful Death Claim (Brought by Family or Estate)
This claim seeks compensation for the “full value of the life of the decedent.” It includes:
- Economic damages, such as lost income and benefits the deceased person would have earned over their lifetime.
- Non-economic damages, which are the intangible aspects of life, such as time with family, enjoyment of hobbies, and personal relationships.
The goal is to quantify what the person’s life was worth, not just in earnings, but in the experiences they would otherwise have enjoyed.
The Estate Claim (Brought by the Executor or Administrator)
This claim is separate and handled by the estate. It allows for recovery of:
- Medical expenses related to the final injury or illness
- Funeral expenses and burial costs
- Pain and suffering the deceased experienced before death
- Any other financial losses incurred between the time of injury and death
Damages recovered in the estate claim are distributed to heirs according to the will or state law if no will exists.
Can Multiple Family Members File Separate Claims?
No. Georgia law only allows one wrongful death claim per case, although multiple people may share in the recovery. For example, a surviving spouse may file the claim, but any children will share in the financial outcome. The parties may either join the case together or divide the proceeds after a settlement or verdict is reached.
Disagreements between eligible parties about how to proceed or distribute funds can be resolved by the court. In some cases, a guardian or conservator may be appointed to represent the interests of minor children during the legal process.
How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?
The statute of limitations for filing a wrongful death claim in Georgia is two years from the date of death. If you miss this deadline, your right to file a lawsuit is generally lost, regardless of how strong the case is. However, there are some exceptions that can extend the timeline, such as:
- Criminal prosecution related to the death. In this case, the civil lawsuit deadline may be paused up to six years, until the criminal case concludes.
- Estate not yet probated. If the estate hasn’t been established, some delays in filing the estate-related portion may be allowed.
Still, it’s critical to act quickly. Evidence can disappear, witnesses become harder to find, and insurers grow less cooperative over time, so the sooner you speak to a wrongful death attorney in Marietta, the stronger your position will be.
What Must Be Proven in a Georgia Wrongful Death Claim?
To succeed in a wrongful death case, your attorney must establish the existence of the following:
- Duty of Care: The defendant had a legal obligation to act responsibly.
- Breach of Duty: That duty was violated through negligent, reckless, or intentional behavior.
- Causation: The defendant’s actions directly caused the death.
- Damages: The death resulted in measurable losses, both economic and non-economic.
Unlike criminal cases, which require proof beyond a reasonable doubt, civil wrongful death claims only require a “preponderance of the evidence,” meaning it’s more likely than not that the defendant was responsible.
What Happens if the Deceased Was Partially at Fault?
Georgia follows a modified comparative negligence rule. If the deceased person was less than 50% at fault for the incident that caused their death, surviving family members can still recover damages, but the compensation will be reduced by the percentage of fault.
If the deceased is found 50% or more at fault, no recovery is allowed under state law, which is why a detailed investigation is so important, especially in disputed liability cases like car accidents or workplace incidents where multiple parties may share responsibility.
How Can a Georgia Wrongful Death Attorney Help?
Wrongful death claims can be both complicated and contentious. In Georgia, liability insurers frequently question the cause of death, minimize the deceased’s earning potential, or argue that the family’s losses are not as substantial as claimed. Without legal representation, surviving family members may be pushed into accepting a low settlement before fully understanding the long-term financial impact of their loss.
An experienced wrongful death attorney in Georgia plays a critical role in protecting the interests of the surviving family. Legal counsel will:
- Identify All Liable Parties: Fatal incidents often involve more than one responsible party. A thorough review may reveal liability not only on the part of an individual but also a business, manufacturer, property owner, or government entity. Naming all parties ensures no recovery opportunity is missed.
- Preserve and Gather Key Evidence: In a wrongful death case, evidence can disappear quickly. Surveillance footage can be deleted, physical evidence can be lost, and eyewitness memories can fade. A skilled attorney moves fast to secure crash reports, autopsy records, medical files, expert opinions, and documentation showing the victim’s income, life expectancy, and contributions to the household.
- Work With Experts to Calculate the Full Value of the Life Lost: As we stated earlier, Georgia law allows recovery for the “full value of the life of the decedent.” This includes future earnings, retirement benefits, and non-economic value such as time with family and enjoyment of life. Financial analysts, vocational experts, and economists are often used to support these calculations with data and projections.
- Handle All Communication With Insurers and Opposing Counsel: Insurance adjusters are trained to reduce payouts. They may present early offers that seem reasonable but fall far short of the claim’s true value. An attorney shields the family from these tactics, handles all negotiations, and makes sure that no unfavorable agreements are made.
- Prepare the Case For Litigation and Trial: If settlement negotiations fail, your attorney will file suit in the appropriate Georgia court, manage pretrial motions, conduct depositions, and present the case at trial. Insurance companies are more likely to offer a fair settlement when they know the attorney is fully prepared to go to court.
In one of the most high-profile wrongful death cases in Georgia, The Champion Firm secured a $17 million settlement against the Metropolitan Atlanta Rapid Transit Authority (MARTA) after a husband and father named Robert Smith was killed due to MARTA’s negligence.
Government cases like this aren’t easy. MARTA is backed by taxpayer money, legal protections, and a team of defense attorneys. Most firms would avoid going head-to-head with a public entity this size. The Champion Firm didn’t hesitate. We took the case, built the evidence, and forced MARTA to pay a settlement that reflected the true value of the life lost. That result speaks directly to our ability to win against public institutions, something many firms aren’t equipped (or willing) to do.
Speak to a Wrongful Death Attorney Today
At The Champion Firm, we represent families across Georgia who have lost loved ones in preventable accidents. We understand what’s at stake, not just emotionally but financially. Our team has recovered millions in wrongful death and catastrophic injury claims by building strong cases, applying pressure early, and preparing every case as if it will go to trial.
If you’re unsure whether you have a claim or need help understanding your legal options, we’re here to provide answers. There’s no cost to talk with us, and no fee unless we win. Call The Champion Firm at 404-800-4635 today for a free initial consultation with our legal team. Let us fight for the justice your loved one deserves.
