Who Can File a Wrongful Death Lawsuit in Georgia?

The surviving family members of a person killed as the result of someone else’s negligence, recklessness, or criminal act may file a wrongful death lawsuit in Georgia. A designated representative of the victim’s estate may also bring a claim. 

A Georgia wrongful death lawyer can help the victim’s surviving family members seek compensation for the loss of their loved one. While filing a wrongful death lawsuit won’t undo the tragedy that your family endured, it can help provide closure and give your family a way to move forward.

What Is a Wrongful Death?

A wrongful death occurs when a person dies as the result of a criminal, negligent, reckless, or intentional act of another person or entity. Some examples of situations that can involve wrongful death include:

• Motor vehicle accidents
• Bicycle accidents
• Pedestrian accidents
• Premises liability cases
• Medical malpractice cases
• Workplace accidents
• Defective product cases
• Violent crime

Georgia law empowers the families of individuals killed in wrongful death cases to bring a lawsuit against any responsible parties and seek compensation amounting to the total value of the life of the victim.

Which Surviving Family Members Can Bring a Wrongful Death Claim?

Georgia law dictates which surviving family members can bring a wrongful death claim. Those family members, in order of priority, include:

• The surviving spouse, if the victim was married at the time of death
• The victim’s children, if there is no surviving spouse
• The victim’s surviving parents, If there is no surviving spouse or children

What If There Aren’t Any Surviving Family Members?

It’s also possible the victim has no surviving family members. What happens in this situation depends on whether they had a will. If they did, the executor of their estate may file a wrongful death suit. If they didn’t have a will, the court would designate a personal representative to serve as the executor of their estate. The lack of a will is not a barrier to the estate seeking compensation in a wrongful death case — it simply adds another step to the process.

The executor will have additional responsibilities related to the estate, mainly settling the victim’s affairs. This includes handling various paperwork, paying outstanding debts and taxes, conducting an inventory of assets, and distributing those assets. Due to the complexity of the role, the executor must be at least 18 years old and of sound mind.

Who Would Receive the Money in a Wrongful Death Lawsuit?

The compensation recovered in a Georgia wrongful death claim doesn’t automatically or entirely go to the person who filed the lawsuit. Here’s how the money is distributed:

• If the victim has a surviving spouse and no children, the surviving spouse receives all recovered funds.
• If the victim has a surviving spouse and one or two children, the surviving spouse and children are entitled to equal shares of the compensation.
• If the victim has a surviving spouse and more than two children, the surviving spouse receives one-third of the recovered funds, with the remaining two-thirds being divided equally between the surviving children.
• If the victim had no surviving spouse or children, any surviving parents are entitled to an equal share of the recovered funds.
• If the victim had no surviving spouse, children, or parents, the compensation is distributed to their closest living relative.

The distribution of compensation recovered in a wrongful death claim can be complex. It helps to have a Georgia wrongful death attorney who can guide you through the process.

What Type of Damages Can Be Claimed in a Georgia Wrongful Death Suit?

In Georgia, surviving family members may seek compensation for the “full value of the life of the decedent.” This compensation may include:

• The income, employment benefits, pensions, and bonuses the victim would have earned had they survived
• Household services or childcare the victim would have provided had they survived
• Loss of support and companionship
• Loss of the joy of raising a family
• Loss of enjoyment of recreation or hobbies

If you’re filing a wrongful death claim, you may also have grounds to file a survival action, which helps to cover losses explicitly associated with your loved one’s death. For example, this claim may provide monetary compensation for funeral expenses and medical costs associated with treating your loved one’s fatal injury or illness.

Is There a Time Limit for Filing a Wrongful Death Lawsuit in Georgia?

Georgia’s statute of limitations generally gives survivors two years from the date of the death to file a wrongful death lawsuit. However, there is an exception for cases in which the death occurred due to criminal action. In these cases, the statute of limitations may “toll” or pause for up to six years or until the criminal case concludes, whichever comes first. You should speak to a wrongful death lawyer immediately to ensure you file your lawsuit promptly and correctly. An attorney will need enough time to gather crucial evidence and build a solid case.

Contact a Georgia Wrongful Death Lawyer

If you lost a loved one due to another party’s negligent, reckless, or wrongful actions, the team at R. Alan Cleveland, LLC can help you pursue justice and financial relief. Our attorneys have decades of experience fighting for the rights of Georgians who have lost loved ones due to preventable tragedies. We’re here to help you seek the full and fair compensation your family deserves.

Contact a Georgia wrongful death lawyer at R. Alan Cleveland, LLC today for a free consultation to learn more about what we can do for you.

R. Alan Cleveland

An Athens resident Alan Cleveland grew up in Rockdale County. As a founding partner of the personal injury law firm of R. Alan Cleveland, LLC he proudly serves his community and provides skilled representation to injury victims and their families all around Georgia. Alan earned his undergraduate degree from the University of Georgia and went on to graduate, summa cum laude, from Atlanta’s John Marshall Law School. He is also a graduate of Gerry Spence’s renowned Trial Lawyers College (TLC) in Wyoming. In his free time, Alan frequently speaks at continuing legal education seminars. He also volunteered as a youth baseball coach and assists with Georgia’s high school moot court competition held annually. Alan serves as a Trustee of Historic Athens and is a member of the Development Authority of the Unified Government of Athens-Clarke County.

Connect with me on LinkedIn