[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/survival-action-georgia\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/survival-action-georgia\/","headline":"What Is a Survival Action in Georgia?","name":"What Is a Survival Action in Georgia?","description":"Did you lose a loved one in a sudden and unexpected accident in Georgia? Losing someone close to you is never easy. Grieving can be even more challenging if your loved one\u2019s death was due to someone else\u2019s negligent or wrongful act. In addition to a wrongful death claim, a survival action may be relevant… Continue reading What Is a Survival Action in Georgia?<\/span><\/a>","datePublished":"2023-05-18","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/butler\/#Person","name":"Jeb Butler","url":"https:\/\/butlerfirm.com\/blog\/author\/butler\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f5a02bc71d91db5fc8645f129c4424ce6ef7af7e24fe54f4a85315a9dd28f317?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2022\/02\/devastated-woman.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2022\/02\/devastated-woman.jpg","height":666,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/survival-action-georgia\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0","name":"LAWYER: Who Gets the Money in a Wrongful Death Case?","description":"People often wonder who will get paid after a wrongful death claim has been filed. In this video, we discuss how the money recovered from wrongful death claims are distributed among the deceased person\u2019s loved ones and family. We also discuss how wrongful death claims differ from estate claims and how the funds are distributed for each. \n\nFor more information on wrongful death cases, visit https:\/\/butlerfirm.com\/georgia-wrongful-death-lawyers\/ \n\n\u2757DISCLAIMER\u2757\n\nWe are not your lawyer. All content provided is for informational purposes only and not for the purpose of providing legal advice. Any verdicts, settlements or other case results discussed are not guaranteed and must be evaluated on their own merits.\n\nButler Kahn: https:\/\/butlerfirm.com\/\n\nAtlanta, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Y3fCFkRVAn7jzGD16\n\nLawrenceville, Georgia location:\nhttps:\/\/maps.app.goo.gl\/PaShwcicz5DQDFsD6\n\nRoswell, Georgia location:\nhttps:\/\/maps.app.goo.gl\/uTVtgfq3RspJ5QQbA\n\nJonesboro, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Jr2umQB8o32QaaRK6\n\nFREE GUIDES\nWhat To Do After a Car Accident: https:\/\/butlerfirm.com\/georgia-car-accident-lawyers\/what-to-do-after-an-accident\/\nShould I Hire an Accident Lawyer: https:\/\/butlerfirm.com\/atlanta-car-accident-lawyers\/when-needed\/\nGeorgia Wrongful Death Statute Explained: https:\/\/butlerfirm.com\/blog\/georgia-wrongful-death-statute-explained\/\n\nJOIN US ON SOCIAL MEDIA\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\nTwitter: https:\/\/twitter.com\/Butler_Firm\nInstagram: https:\/\/www.instagram.com\/butler_law_firm\/\nLinkedIn: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGoogle: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/default.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/h-LGWYIzTM0\/maxresdefault.jpg"],"uploadDate":"2021-03-11T19:10:16+00:00","duration":"PT2M36S","embedUrl":"https:\/\/www.youtube.com\/embed\/h-LGWYIzTM0","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":879}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=h-LGWYIzTM0#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":8}]},"about":["Wrongful Death"],"wordCount":1051,"articleBody":"Did you lose a loved one in a sudden and unexpected accident in Georgia? Losing someone close to you is never easy. Grieving can be even more challenging if your loved one\u2019s death was due to someone else\u2019s negligent or wrongful act.In addition to a wrongful death claim, a survival action may be relevant to your family\u2019s case. Under Georgia law, a survival action is an extension of a legal claim associated with a deceased person. A survival action seeks damages for the deceased’s losses due to the fatal accident.What Is a Survival Action in Georgia?A survival action is a type of personal injury claim for a victim who dies from injuries caused by another party. Unlike a wrongful death claim, survival actions aim to recover compensation for the harm suffered by the victims themselves rather than their surviving loved ones.An experienced attorney can help you understand what a survival action involves and how it differs from the wrongful death claim you and your family may wish to pursue.At Butler Kahn, our compassionate trial attorneys focus solely on representing the rights and interests of injury victims and their families. We strive to provide attentive service to each client we represent. For that reason, we limit the number of cases we take so we can devote the time, care, and resources your case deserves.When filing a survival action or wrongful death claim in Georgia after losing a loved one, you need a lawyer with the right skills, experience, and resources to handle your case. The team at the Butler Kahn is ready to help. Contact us for a free consultation when you are ready to discuss your situation. What Is a Survival Action?Under Georgia law, a survival action is a legal claim that allows surviving family members to pursue financial recovery of the deceased\u2019s losses before their death. A survival action can hold the responsible party accountable for their negligent or intentional acts that caused the decedent\u2019s death.A survival action is often considered an extension of the personal injury claim the deceased could have brought if they survived.\u00a0Survival actions get their name because they \u201csurvive\u201d the decedent and can still be pursued against the at-fault party responsible for the decedent\u2019s injuries and death.In a survival action, compensation may include money for medical expenses, lost wages, and pain and suffering. As a result, survival actions are usually filed when a decedent is not immediately killed by accident. Instead, they live long enough to incur losses due to an ultimately fatal injury or condition inflicted by someone else\u2019s negligence.Who Can Bring a Survival Action?In Georgia, the survival action statute states that a decedent\u2019s estate representative must file a survival action. That is typically the estate\u2019s executor or an administrator.In most cases, the court will appoint a family member of the decedent to serve as the estate executor or administrator. The representative of the decedent\u2019s estate must bring the survival action because the claim belongs to the decedent. The claim becomes an asset of the decedent\u2019s estate.How Does a Survival Action Differ from a Wrongful Death Claim?Often, wrongful death claims and survival actions are discussed together. However, the two types of actions are legally distinct. The most significant differences between wrongful death claims and survival actions include the kinds of compensation recoverable in each action, as well as how each claim is pursued and resolved.How Do Damages Differ Between the Two Types Of Actions?A wrongful death claim seeks to provide compensation to the surviving family members. This compensation is meant to offer financial recovery for the surviving family members’ losses incurred due to their loved one\u2019s passing, including financial and intangible personal losses.Compensation in a wrongful death claim may cover:The loss of the decedent\u2019s future anticipated financial contributions to the family and householdThe loss of employment benefits that the decedent provided the family, such as health insurance, retirement and pension benefits, or educational benefitsThe value of the services that the decedent performed in the household, such as home repairs or lawn maintenanceThe loss of the decedent\u2019s affection, care, society, support, and guidance that they provided to family membersLoss of consortium, which compensates a surviving spouse for the loss of the decedent\u2019s intimacy and companionshipA survival action compensates for the losses the decedent and the decedent\u2019s estate experienced. That may include financial recovery for:Costs of medical treatment for the decedent\u2019s final injury or illness that caused their deathFuneral and burial expensesLost income from missed work between the accident and the decedent\u2019s deathConscious pain and suffering experienced by the decedent before their deathHow Does Georgia Law Handle Settlements with Each Type of Case?Wrongful death claims and survival actions greatly differ in how the compensation is distributed. In a wrongful death claim, compensation is distributed directly to the eligible surviving family members, usually a surviving spouse and surviving children or a decedent\u2019s surviving parents.Compensation recovered in a survival action is instead paid to the decedent\u2019s estate. Those funds are then distributed according to the decedent\u2019s will or according to Georgia\u2019s intestacy laws if the decedent died without a will. As a result, compensation recovered in a survival action may be used to pay the decedent\u2019s debts or the estate\u2019s expenses.Any funds that are distributed to beneficiaries or heirs may also be subject to inheritance taxes. Compensation in a wrongful death claim is typically exempt from taxation.Our\u00a0Survival Action Lawyers\u00a0Georgia Are Ready to Discuss Your SituationAt Butler Kahn, we believe that families who\u2019ve lost loved ones due to negligence deserve qualified and compassionate legal representation. We understand what you\u2019re going through, and we want to provide knowledgeable legal counsel as you work to pick up the pieces in the aftermath of this unexpected loss.Our compassionate survival action lawyers are ready to advise you on the best steps to seek answers, justice, and fair compensation for you and your family. Contact us for a free, no-obligation case review when you are ready to explore your legal options."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Is a Survival Action in Georgia?","item":"https:\/\/butlerfirm.com\/blog\/survival-action-georgia\/#breadcrumbitem"}]}]