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Do You Qualify to Sue for Wrongful Death in Georgia?

Losing a loved one because of someone else’s negligence or misconduct is devastating. No amount of money can replace a life, but Georgia law allows certain family members to sue for wrongful death to seek justice and financial compensation. 

Knowing who qualifies to bring this type of claim is the first step toward protecting your family’s rights. Here is what you need to know about whether you qualify to sue for wrongful death in Georgia. 

What is Wrongful Death in Georgia?

Under Georgia law, a wrongful death occurs when a person dies due to the negligent, reckless, intentional, or criminal act of another. 

These claims can arise from many situations, including:

• Car, truck, or motorcycle accidents
• Medical malpractice or nursing home neglect
• Dangerous or defective products
• Workplace accidents
• Criminal acts such as assault or homicide

To succeed with a wrongful death claim, the person bringing the claim, or plaintiff, must show that another party’s wrongful conduct caused the death. A lawyer can help you prove your wrongful death claim. 

Who Can Sue for Wrongful Death in Georgia?

Georgia law strictly limits who may bring a wrongful death action. The right to sue follows a specific order of priority. 

This includes:

1. Spouse of the deceased: The surviving spouse has the first right to file. If there are children, the spouse represents them in the claim but must share any recovery equally, though the spouse always receives at least one-third.
2. Children of the deceased: If there is no surviving spouse, the children may bring the claim.
3. Parents of the deceased: If the deceased had no spouse or children, the parents may pursue the case.
4. Executor or administrator of the estate: If none of the above survivors exist, the estate’s representative can bring the claim on behalf of the deceased’s next of kin.

This order of priority is outlined in O.C.G.A. §§ 51-4-2 and 51-4-5, which establishes who has the legal standing to file and how damages are distributed among surviving family members. These statutes ensure that wrongful death claims are pursued by those most closely affected by the loss. 

If you are unsure whether you qualify, an experienced Augusta wrongful death lawyer can guide you through the next steps.

What Damages Can Be Recovered in a Wrongful Death Case?

Wrongful death lawsuits in Georgia involve two separate but related claims, each addressing a different type of loss, including:

“Full Value of the Life” Claim 

This claim compensates surviving family members for everything the deceased lost due to their death. This includes economic value, such as the person’s lost wages, benefits, and services they would have provided. It also encompasses non-economic values, including companionship, care, and the enjoyment of life. Georgia courts interpret this broadly to reflect the total value of the person’s life.

Estate Claim

This is brought by the personal representative of the deceased’s estate and focuses on losses suffered directly by the estate. It includes medical expenses related to the final injury or illness, funeral and burial costs, and the pain and suffering the deceased experienced. 

Together, these claims aim to provide full and fair compensation for the emotional and financial impact of a loved one’s death. 

How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?

The statute of limitations for wrongful death in Georgia is generally two years from the date of death. However, this period may be paused in certain situations, such as ongoing criminal proceedings related to the death, or if the estate is not immediately established. Acting quickly helps preserve evidence and protect your right to compensation.

Contact the Augusta Wrongful Death Lawyers at Nicholson Revell Personal Injury Attorneys for Help Today

Wrongful death cases are complex and emotionally challenging. Insurance companies and defense lawyers may try to minimize payouts or dispute liability, which can make an already painful situation even harder. 

Working with an experienced Augusta wrongful death lawyer at Nicholson Revell Personal Injury Attorneys can make a critical difference. If you are wondering if you qualify to sue for wrongful death in Georgia, we can help. Contact us today for a free consultation.

For more information, please contact our Augusta wrongful death lawyers at Nicholson Revell Personal Injury Attorneys to schedule a free consultation today.

We proudly serve Augusta, GA, and its surrounding areas:

Nicholson Revell Personal Injury Attorneys
4137 Columbia Rd, Augusta, GA 30907
(706) 722-8784