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What Qualifies as a Wrongful Death Lawsuit?

A wrongful death lawsuit is filed in civil court by family members of a deceased person. An action may arise when someone dies due to another party’s negligence, recklessness, or intentional misconduct. Georgia law allows certain family members to seek compensation for the losses they suffered as a result of their loved one’s death.

Criminal charges brought by the state seek to punish the wrongdoer. However, wrongful death claims are civil cases. The claims allow families to recover financial compensation for their losses. The goal is to help surviving family members recover damages for both the economic and personal losses caused by the untimely death.

Who Can File a Wrongful Death Lawsuit in Georgia?

Georgia law establishes a specific hierarchy of who can bring a wrongful death claim.

Those who can file include:

• Surviving spouse: The spouse has the first right to bring a wrongful death claim. They must share recovery with surviving children. However, the surviving spouse receives no less than one-third, regardless of the number of children.
• Children: The deceased’s children can pursue a lawsuit if their parent did not have a surviving spouse or the spouse declines to file a lawsuit.
• Parents: If the deceased was a child without a spouse or children, the parents may file, provided they haven’t lost parental rights.
• Estate representative: If none of the above exist, the estate’s personal representative may file on behalf of the next of kin.

This hierarchy is strictly enforced under Georgia law. For example, adult children generally cannot file a wrongful death lawsuit if the deceased had a surviving spouse. It does not matter if the children were closer to the deceased or more directly impacted.

The surviving spouse has the exclusive initial right to bring the claim. Furthermore, the surviving spouse may settle with the defendant without the consent of the children.

What Kinds of Deaths Qualify for a Wrongful Death Claim?

Many different circumstances can give rise to a wrongful death lawsuit in Georgia.

Some common situations include:

• Car accidents: Deaths from car accidents caused by negligent, distracted, speeding, or drunk drivers
• Truck accidents: Fatal collisions involving commercial vehicles, tractor-trailers, and delivery trucks
• Medical malpractice: Deaths resulting from surgical errors, misdiagnosis, medication mistakes, or failure to provide proper treatment
• Workplace accidents: Fatal injuries at construction sites, factories, or other workplaces due to unsafe conditions or defective equipment
• Defective products: Deaths caused by dangerous or malfunctioning products, vehicles, machinery, or equipment
• Premises liability: Fatal accidents caused by dangerous property conditions, inadequate security, or negligent property maintenance
• Criminal acts: Deaths resulting from assault, murder, or other intentional acts of violence, where a third party may share liability

The key factor in any wrongful death case is whether another party’s negligence, recklessness, or intentional conduct caused or contributed to the death. If the deceased would have had a valid personal injury claim had they survived, their family likely has grounds for a wrongful death claim.

What Must You Prove in a Wrongful Death Case?

To succeed in a wrongful death lawsuit in Georgia, the family must prove the legal elements of a wrongful death claim.

Those elements are:

• Duty of care: The party who caused the person’s death had a legal duty of care (for example, drivers owe a duty to operate their vehicles safely)
• Breach of duty: The responsible party failed to meet that duty through negligence, recklessness, or intentional misconduct
• Causation: The party’s breach of duty directly and proximately caused the person’s death
• Damages: The surviving family members sustained damages and losses because of their loved one’s death

Each element must be proven by a preponderance of the evidence. That means it’s more likely than not that each element is true. This burden is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases. A defendant can be found liable in civil court even after being acquitted criminally.

What Damages Are Available in a Georgia Wrongful Death Case?

Georgia wrongful death claims seek to recover the “full value of the life” of the deceased.

This unique concept under Georgia law includes both economic and non-economic damages:

• Lost income and benefits: The wages, salary, and employment benefits the deceased would have earned over their remaining working lifetime
• Lost services: The value of household services, childcare, guidance, and other contributions the deceased provided to the family
• Loss of companionship: The intangible value of the deceased’s love, guidance, advice, and presence in the family’s life
• Mental pain and suffering: Compensation for the emotional anguish and grief experienced by surviving family members

In addition to wrongful death damages, the estate may also bring a separate survival action to recover damages the deceased experienced before death. Those damages include medical expenses, lost wages, and pain and suffering from the time of injury to the time of death.

What is Georgia’s Statute of Limitations for Wrongful Death Cases?

Wrongful death claims in Georgia must generally be filed within two years of the date of death. If you miss this deadline, the court can dismiss your case. You would lose your right to seek compensation.

There are limited exceptions that may extend or toll this deadline. However, exceptions are rare and apply only in specific circumstances. It’s important to consult with an attorney as soon as possible to ensure your claim is filed on time and to preserve critical evidence needed to prove your case.

Contact Nicholson Revell Personal Injury Attorneys for a Free Consultation

If you’ve lost a family member due to someone else’s negligence in Augusta or anywhere in Georgia, contact Nicholson Revell Personal Injury Attorneys at (706) 722-8784 for a free consultation. Our Augusta wrongful death lawyers will help you understand your legal options and how to pursue the compensation your family deserves.