In Georgia, the right to file a wrongful death claim generally belongs first to the deceased person’s surviving spouse. If there is no surviving spouse, the deceased person’s children may bring the claim. In other situations, the parents or personal representative of the estate may have the right to act.
Georgia wrongful death claims can also involve more than one type of compensation. Survivors may seek the full value of the deceased person’s life, while the estate may have separate claims for expenses and losses related to the person’s final injury and death.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law follows a specific order when determining who can pursue a wrongful death claim.
The people who may have the right to file include, in this order:
- The surviving spouse: A spouse generally has the first right to bring a wrongful death claim.
- The children: If there is no surviving spouse, the deceased’s children may pursue the claim.
- The parents: If the deceased person was a child and there is no person with a superior statutory right, one or both parents may have the right to bring the claim under Georgia law.
- The personal representative: If no spouse, child, or parent is entitled to file, the administrator or executor of the estate may pursue the wrongful death claim for the benefit of the next of kin.
The rules can become more complicated when there are minor children, divorced parents, or several surviving family members. Rafi Law Firm has over 50 years of combined experience, which the firm can use to help you understand your rights after you have lost a loved one due to another’s negligence.
What Is the “Full Value of the Life” in Georgia?
Georgia wrongful death law allows certain survivors to seek the full value of the life of the deceased person.
This value is measured from the deceased person’s perspective rather than by the financial loss suffered by individual family members. Georgia law does not require deductions for the personal expenses the deceased person would have paid if they had lived.
The full value of life may involve both:
- Economic value, such as expected lifetime earnings, employment benefits, and the value of services the person would have provided
- Intangible value, including the enjoyment, relationships, experiences, and other nonfinancial aspects of the person’s life
There is no single formula that applies to every wrongful death case. Age, health, earnings, life expectancy, work history, family relationships, and other evidence may all affect the value of a claim.
How Long Do You Have to File a Wrongful Death Claim in Georgia?
Under O.C.G.A. § 9-3-33, many Georgia wrongful death actions are subject to a two-year statute of limitations. However, the deadline can vary depending on the facts of the case.
Certain circumstances may pause or change the filing period. For example, O.C.G.A. § 9-3-99 can toll certain claims arising from an alleged crime while the criminal prosecution is pending, subject to the statute’s requirements.
Frequently Asked Questions
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
In Georgia, a wrongful death claim seeks the full value of the deceased person’s life for eligible survivors. An estate claim belongs to the decedent’s estate and may include medical expenses, funeral and burial costs, and damages for conscious pain and suffering experienced before death.
Can You File a Wrongful Death Claim if Criminal Charges Are Also Filed?
Yes. A wrongful death case is a civil matter and is separate from any criminal case that may arise from the same death. However, related criminal proceedings may affect the timing, evidence, or strategy involved in the civil claim.
Can a Wrongful Death Claim Include Pain and Suffering?
The wrongful death claim itself focuses on the full value of the deceased person’s life. However, the estate may have a separate survival claim for conscious pain and suffering the person experienced between the injury and death.
What Evidence Is Important in a Georgia Wrongful Death Case?
The evidence will depend on how the death occurred. It may include accident reports, medical records, witness statements, photos, video footage, employment records, expert opinions, and financial documents.
Contact the Georgia Wrongful Death Lawyers at Rafi Law Firm for Help
Losing a family member can create legal and financial questions at a time when families are already dealing with grief. Georgia’s wrongful death laws determine not only what may be recovered, but also which family member has the legal authority to pursue the claim.
For more information, contact an experienced Georgia wrongful death attorney at Rafi Law Firm to schedule a free consultation today.
We proudly serve clients throughout Fulton County and the greater Atlanta metro area in Georgia.
Rafi Law Firm – Atlanta
1776 Peachtree St NW UNIT 423, Atlanta, GA 30309
(404) 800-9933
