Understanding the Georgia Wrongful Death Statute

Losing a loved one unexpectedly is heartbreaking—especially when their death could have been avoided. The Georgia wrongful death statute empowers families to seek justice, hold negligent parties accountable, and recover the financial support they need. At The Stoddard Firm, we guide families through the legal process with care and determination so they can focus on healing during a challenging time.

What Is the Georgia Wrongful Death Statute?

Under O.C.G.A. §51-4-1, wrongful death is defined as a death caused by another person’s criminal actions, negligence, or recklessness. This broad definition even covers fatalities involving defective products—whether or not direct negligence is proven—falling under the statute’s concept of “homicide.”

The law gives certain family members the right to seek compensation for the full value of the deceased’s life. That includes not only lost income or benefits but also personal and irreplaceable losses—like companionship, care, and the everyday moments that defined their life. These claims are based on evidence and exclude deductions for personal expenses.

Wrongful death claims may stem from car accidents, unsafe premises, defective products, or any negligent or intentional act that leads to a preventable death. Unlike criminal charges, these are civil cases filed by the family to hold the at-fault party accountable.

Time Limits for Filing a Wrongful Death Claim

Under the Georgia wrongful death statute, families typically have just two years from the date of death to file a claim. Missing this deadline can mean permanently losing your right to seek justice and compensation—regardless of how strong your case is or how clear the negligence may be.

However, some critical exceptions may pause or extend the filing period. For instance, if there is a pending criminal investigation related to the death, or if the deceased’s estate has not yet been probated or fully administered, the legal timeline may be affected and should be carefully reviewed by an attorney.

Who Can Bring a Wrongful Death Case in Georgia?

The wrongful death statute outlines exactly who can file a claim—and not everyone qualifies. The law clearly prioritizes immediate family members in a specific order:

• Surviving spouse
• Children (if there is no surviving spouse)
• Parents (if the deceased was unmarried and had no children)
• Personal representative of the estate (if there are no close family members)

When the estate files the claim, any damages recovered are distributed according to the deceased’s will or Georgia’s intestacy laws, which govern how assets are legally divided.

Types of Compensation Available Under the Statute

Georgia’s wrongful death statute allows for two broad categories of damages:

1. Full Value of the Life of the Deceased

This is the most significant component of a wrongful death claim and includes both economic and intangible losses:

• Lost wages and benefits the deceased would have earned
• Loss of care, companionship, and other intangible elements

2. Estate Claim (Brought by the Estate)

Separate from the family’s claim, the estate may also seek damages for:

• Funeral and burial expenses
• Medical expenses related to the final injury or illness
• Pain and suffering endured by the deceased before death

Each wrongful death case is unique, and compensation can vary widely depending on the deceased’s age, occupation, and circumstances surrounding the death.

What is the Process for a Wrongful Death Claim in Georgia

The process of a wrongful death case involves several steps, each needing thorough preparation. Here’s a simplified guide:

1. Initial Consultation: Review the case and confirm eligibility to file.
2. Investigation: Collect evidence like medical records, police reports, and witness statements, and identify liable parties.
3. Filing the Lawsuit: Submit the complaint to the court.
4. Discovery: Exchange evidence and conduct depositions.
5. Negotiation or Trial: Resolve through settlement or go to trial if needed.

Why Hiring an Experienced Wrongful Death Attorney is Crucial

Wrongful death cases are deeply emotional and legally complex. Insurance companies often move quickly to protect their bottom line, offering early settlements that fall far short of what families truly deserve. Without legal counsel, it’s easy to feel overwhelmed—and even easier to be taken advantage of.

At our firm, we protect your rights and demand full accountability. We approach every case with compassion, grit, and a commitment to your family’s long-term well-being. Our team listens, learns your story, and builds a strategy tailored to your needs—whether negotiating a resolution or taking your case to court.

Speak with a Georgia Wrongful Death Lawyer Today

Believing that a loved one’s death may have resulted from negligence or wrongdoing is a heavy burden no family should face alone. Call The Stoddard Firm today at 470-467-2200 to schedule your free consultation. Let us help you protect your family’s rights and demand the justice your loved one deserves.