Case Study: How a Wrongful Death Lawsuit Works in Georgia

Losing a loved one as a result of wrongful death can be devastating. Thankfully, Georgia’s Wrongful Death Act allows the deceased’s family to bring a lawsuit against the guilty party for the value of the lost life.

What is Wrongful Death?

Whenever someone dies because of another party’s actions, it is called wrongful death. The person or company may have acted intentionally or accidentally. The guilty party’s actions can be due to recklessness, carelessness, negligence, or premeditate criminal acts. Wrongful death is a type of personal injury. 

How Does a Wrongful Death Lawsuit Work in Georgia?

Georgia’s Wrongful Death Act explicitly defines who can file a wrongful death claim and what they can obtain by doing so. 

Who Can File?

Georgia law is very specific about who can file a wrongful death lawsuit. If the deceased were married, their spouse could file a wrongful death lawsuit on behalf of themselves and their children. If the deceased has no spouse, the person’s surviving parents may file a lawsuit. If the person has no family, a legal representative can file on behalf of the deceased’s estate. No one else is eligible to file a wrongful death lawsuit in Georgia.

What You Can Get with a Wrongful Death Claim

In Georgia, plaintiffs have two choices when filing a lawsuit for wrongful death. The first is to file for the “full value of the life of the deceased.” What this means is that you can request damages for: 

• Lost wages and/or employee benefits, services, and other benefits that the person may have enjoyed if he or she had lived.
• The loss of a loved one, care, companionship, and all other intangible benefits that the deceased person may have provided to their loved ones, such as advice and counsel.

The second type of wrongful death lawsuit allowable under Georgia law is related to compensation for financial losses incurred because of the death. Under this heading, you could expect to receive:

• Medical expenses.
• Burial and funeral costs and related expenses.
• Damages for any pain or suffering the deceased endured before dying. 
• Other expenses resulting from the person’s illness or injury and death.

Statute of Limitations on a Wrongful Death Lawsuit

As with most things, Georgia also limits how long you have to file a wrongful death lawsuit after the person’s demise.

Typically, Georgia allows the survivors or the estate of the deceased two years from the date of death to file a wrongful death lawsuit. However, there are some exceptions to this rule. For example, if the person’s estate is not probated, the family has seven years to file. Another example is if a government entity was liable for the person’s death, you might have an even shorter time to file. Every case will be different.

If the death was caused by someone committing a crime, the timeline might be paused until the state fully prosecutes the guilty party. 

Regardless of whether you need to file a wrongful death claim or an estate claim, it’s important to consult an experienced Georgia attorney who can help guide you in the right direction and get the damages you deserve.