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Frequently Asked Questions About Wrongful Death Claims in Georgia

January 08, 2019

The loss of a loved one is extremely traumatic, particularly if your loved one passed away because of someone else’s misconduct. You might understand you have a potential legal claim against the negligent party, but you may not know where to begin. 

Below are some answers to frequently asked questions about wrongful death claims in Georgia that can help you start the process of seeking justice. Remember to consult a knowledgeable Georgia wrongful death attorney to determine the options for recourse available in your specific case. 

What does it mean to bring a ‘wrongful death’ claim in Georgia? 

In the state of Georgia, a wrongful death cause of action is one in which the negligent, reckless, or intentional conduct of a person or  company caused another person’s death. In such a claim, a plaintiff pursues to compensation for the "full value of the life of the decedent."

Who is allowed to file wrongful death claims in Georgia?

Only certain people may bring a wrongful death action in the state of Georgia. State law requires the lawsuit to be initiated by the decedent’s surviving spouse or surviving children. If no spouse or children are surviving, the lawsuit can be filed by a personal representative of the decedent’s estate.  In cases of the wrongful death of a minor, the parents may bring the action.

How long does a person have to file a wrongful death claim in a Georgia court? 

Wrongful death claimants in Georgia generally have two years from the date of the decedent’s death to file a claim in court. However, in cases that involve claims against the government or municipalities, shorter notice deadlines apply. Additionally, depending on the circumstances of what happened, a case may require that important evidence be preserved and witnesses interviewed before they disappear. Do not delay in seeking legal assistance, as you have a limited amount of time to pursue a claim.

Put Our Law Firm's Over 37 Years Of Legal Experience To Work For Your Case!

If you have tragically lost a loved one because of someone else’s negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 37 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour live chat. 

Montlick & Associates, Attorneys at Law

17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333


Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. 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.