All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.
Who Can File a Wrongful Death Claim in Georgia?
In Georgia, when a person or company causes the death of another person, either through negligence or intentionally, the victim’s family may be able to file a wrongful death claim. This can allow families to receive compensation for the full value of the life of their loved one, including the economic value (like the income and services the person would have provided) and the non-economic value (like the joy, love, and companionship they brought to their family).
Laws about who can file a wrongful death claim and what damages they can receive are very specific and vary by state.
Who Can Legally File a Wrongful Death Claim in Georgia
Georgia law, specifically O.C.G.A. 51-4-2, clearly outlines who can file a wrongful death claim. Typically:
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- The spouse has the right to bring a wrongful death claim.
- If there is no spouse, the children may file.
- If there is no spouse or children, the parents may file.
- If there are no family members, the personal representative of the Estate may bring the claim.
Types of Compensation Available for Wrongful Death Claims
In a wrongful death case, the plaintiff may seek damages representing the “full value of the life of the decedent.” This includes both tangible and intangible factors:
Tangible factors: The financial contributions the deceased would have provided, such as future lost income, calculated at its present cash value.
Intangible factors: The personal and emotional value of the deceased’s life, measured from the perspective of the deceased, i.e. what was the deceased’s life worth to them. Factors to consider in this analysis include the joys, experiences, passions, and activities the person enjoyed and the relationships they had with family, friends and the community.
In Georgia, families may also file a separate Survival Claim through the estate of the deceased. This type of claim allows recovery for expenses and suffering experienced by the deceased before death, such as:
- Medical expenses
- Burial and funeral costs
- Pain and suffering endured by the deceased before passing
In some cases, such as gross negligence or recklessness on the part of the defendant, a plaintiff may also seek and possibly be awarded punitive damages as well.
Legal Help for Filing a Wrongful Death Claim
Because Georgia’s wrongful death laws can be complex, many families find it helpful to have legal guidance during such a difficult time. A personal injury attorney can ensure that all legal deadlines are met and that evidence supporting the claim is collected. At Montlick, we help families understand their rights and take the steps needed to protect them.
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