Wrongful Death Action vs. Survival Action in Georgia

If you’ve recently lost a loved one due to another party’s negligence, you may be considering filing a wrongful death claim or pursuing a survival action. A wrongful death claim provides compensation to surviving family members for the loss of a loved one. However, a survival action provides compensation the victim could have recovered had they survived their fatal injury or illness. 

A Georgia personal injury lawyer can help you understand the crucial differences between wrongful death and survival actions in Georgia. They can also help you determine which action is the right approach in your situation — and, depending on the circumstances, you may choose to pursue both.

What Are Some Accidents That Can Lead to a Wrongful Death?

A wrongful death can result from a variety of incidents, including:

• Car accidents
• Pedestrian accidents
• Bicycle accidents
• Truck accidents
• Motorcycle accidents
• Defective product accidents
• Premises liability accidents
• Slip and fall accidents
• Medical malpractice
• Violent crimes

When Can a Wrongful Death Claim Be Filed?

In Georgia, a person may file a wrongful death claim when their loved one dies due to the negligent, reckless, or criminal act of another person or entity. A surviving family member may also file a wrongful death claim after their loved one dies due to medical malpractice or a defective product. Intentional acts, such as a crime, may give rise to a wrongful death claim as well.

Who May File a Wrongful Death Claim?

Georgia law allows various surviving family members to file a wrongful death claim. These family members include:

• The surviving spouse, if the victim was married
• The surviving children, if the victim was unmarried
• The surviving parents, if the victim was unmarried and had no children

If the victim had no surviving spouse, children, or parents, the administrator of their estate could file a wrongful death claim. If the victim did not have a will identifying an administrator, the court would appoint one.

What Damages Can Be Sought in a Georgia Wrongful Death Claim?

Georgia recognizes that the loss of a loved one inflicts both financial and emotional hardship on the surviving family members. As such, surviving family members may seek damages for “the full value of the life” of the victim, which includes both economic and non-economic losses.

Economic damages compensate for tangible financial losses, such as:

• The loss of the income, employment benefits, pensions, and bonuses the victim would have earned had they survived
• The loss of the household services and childcare the victim provided

Non-economic damages compensate for intangible losses that do not have an obvious economic value. These losses may include:

• Loss of support and companionship
• Loss of the joy of raising a family
• Loss of enjoyment of hobbies

Any damages awarded through a wrongful death claim are distributed to the survivors, with priority going to the surviving spouse, followed by any children. For unmarried victims without children, compensation goes to their parents. When none of these family members are surviving, the money is paid to their closest living relative.

When Can a Survival Action Be Filed?

A survival action provides monetary compensation for the conscious pain, mental anguish, and other losses the victim experienced between the time of the fatal injury or illness and death. Unlike a wrongful death action, which compensates family members for the harm they suffered, a survival action compensates the victim’s estate for the harm the victim suffered.

Often, survival actions are filed in situations where the victim did not immediately die from their fatal injury and could have filed a personal injury lawsuit had they survived.

Who May File a Survival Action?

The administrator of the victim’s estate must file a survival action. The administrator is usually a surviving family member. However, if the victim did not have a will or did not designate an estate administrator in their will, the court will appoint one.

What Damages Can Be Sought in a Georgia Survival Action Claim?

A survival action seeks compensation for expenses and other losses experienced by the victim between their injury and their death. These losses may include:

• Medical expenses for treating the victim’s fatal injury or illness
• Lost income between the victim’s injury or illness and their death
• Physical pain and suffering
• Funeral and burial costs

These losses are distinct from the losses experienced by the family following their loved one’s death, for which they can pursue compensation through a wrongful death action.

Any compensation awarded through a survival action goes to the victim’s estate.

Can Both Claims Be Pursued?

While survival actions and wrongful death actions are similar and related, they aren’t identical, and it’s possible to pursue both claims.

That said, a survival action is typically filed when the victim did not immediately die from their injuries and suffered losses for their medical treatment and lost income. A Georgia wrongful death lawyer will review the details of your case and help you determine whether to file a survival action claim, a wrongful death claim, or both.

Is There a Time Limit for Filing a Wrongful Death or Survival Action Claim in Georgia?

The Georgia statute of limitations generally gives surviving family members two years from the date of their loved one’s death to file a wrongful death or survival action claim. However, if the death resulted from criminal action, the statute of limitations “tolls” or pauses for up to six years or until the conclusion of the criminal case.

Your Georgia personal injury attorney will need time to gather evidence and assemble your case, regardless of which type of action you’re pursuing. Reach out to an experienced attorney as soon as possible to begin the process.

Contact a Georgia Wrongful Death Lawyer

If you lost a loved one due to someone else’s negligence or wrongful actions, you don’t have to take legal action alone. The team at R. Alan Cleveland, LLC can help you pursue compensation through a wrongful death claim or survival action. Let us help you find the peace and closure you need to move forward.

We have recovered over $150 million in compensation for injury victims and their families. Contact us today for a free consultation with a Georgia wrongful death lawyer about your family’s legal options.