What Is a Wrongful Death Claim Under Georgia Law?

Georgia’s wrongful death statutes are found in O.C.G.A. §§ 51-4-1 through 51-4-6. These laws allow a claim when a person’s death is caused by another party’s negligent, reckless, criminal, or wrongful act. In plain terms, if your loved one could have filed a personal injury claim had they survived, the law may allow surviving family members to file a wrongful death claim after their passing.

Who Can File a Georgia Wrongful Death Lawsuit?

Georgia law clearly defines who has the legal right to bring the case. Under O.C.G.A. § 51-4-2, the surviving spouse generally has the first right to bring the case. If there is no surviving spouse, the claim could be filed by the surviving children.

What Does the “Full Value of the Life” Mean?

Georgia uses a unique measure of damages in wrongful death cases. Under O.C.G.A. § 51-4-2, surviving family members may recover the “full value of the life of the decedent, as shown by the evidence.” The full value of life includes both economic and non-economic components.

What Is the Time Limit for Filing?

Most wrongful death claims in Georgia must be filed within two years of the date of death under O.C.G.A. § 9-3-33. Certain circumstances, including related criminal proceedings or claims involving government entities, may affect deadlines. These issues require careful legal analysis, and missing a deadline can permanently prevent recovery.

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