- April 9, 2025
- The Stoddard Firm
- Wrongful Death
A wrongful death claim in Georgia provides a way for surviving family members to hold the responsible party accountable and recover financial compensation for their loss. But the process can feel complex, especially when dealing with grief.
Understanding who has the legal right to file a claim and what types of damages you can recover is a critical first step. Georgia law outlines specific rules about who can file a wrongful death claim, prioritizing the deceased’s spouse, children, or parents.
But even with clear statutes, navigating the process can be complex. That’s why working with an experienced Atlanta wrongful death lawyer can make all the difference. An attorney can help you understand your legal options, gather evidence, and represent your family’s interests during this difficult time.
At The Stoddard Firm, we’ve worked with families across Georgia, helping them seek the justice and compensation they deserve. Whether you need answers about the wrongful death statute of limitations or clarity on the types of damages you may recover, we’re here to guide you every step of the way.
Who Can File a Wrongful Death Claim in Georgia?
In Georgia, the right to file a wrongful death claim is determined by a hierarchy established under state law. This ensures that the closest and most affected family members have the opportunity to seek justice for their loss.
- Surviving Spouse
The surviving spouse of the deceased typically has the primary right to file a wrongful death claim. This includes a responsibility to represent the interests of the deceased’s minor children, if any, ensuring that any awarded compensation is equitably shared.
- Surviving Children
If the deceased had no surviving spouse or if the spouse declines to file, the right to bring the claim passes to the surviving children. These children may pursue the claim collectively or individually to address the loss of their parent.
It’s important to note that adopted children have the same legal rights as biological children in this context, ensuring no distinction in their ability to file a claim.
- Surviving Parents
In situations where the deceased was unmarried and had no children, the surviving parents have the legal authority to file a wrongful death claim. This allows parents to seek compensation for the loss of their child’s life and the emotional and financial damages that come with it.
- Estate Representative
When none of the above family members exist or are willing to act, the executor or administrator of the deceased’s estate can file the claim. Any compensation recovered through this process is held for the benefit of the deceased’s next of kin.
Special Circumstances
Special circumstances can also influence who may file a wrongful death claim. For example, adopted children hold the same standing as biological children, ensuring they are not excluded from seeking justice for the loss of a parent.
Additionally, Georgia law may allow wrongful death claims on behalf of an unborn child, provided the fetus was viable at the time of the injury leading to the death. This recognition extends justice to even the youngest members of a family.
It’s also worth mentioning that in rare cases, a spouse may be disqualified from filing a wrongful death claim. Situations such as abandonment of the deceased or involvement in the circumstances leading to their death may render the spouse ineligible. In these cases, the right to file passes to the next eligible family members, ensuring that justice can still be pursued.
What Damages Can Be Recovered?
Wrongful death damages in Georgia are designed to reflect the full value of the deceased’s life. This includes both tangible economic losses and the intangible, non-economic aspects of what the deceased meant to their family and loved ones. Here’s how these damages are broken down:
- Economic Damages
Economic damages are more straightforward and quantifiable. They cover the financial aspects of the loss, including:
- Lost Wages and Benefits: This includes the income the deceased would have earned over their lifetime, as well as benefits like health insurance, retirement contributions, and other forms of compensation.
- Medical Expenses Incurred Before Death: If your loved one received medical treatment before passing away, those expenses can be included in a wrongful death claim.
- Funeral and Burial Expenses: Funerals and burials can be a significant financial burden, and these costs are recoverable in a wrongful death claim. While it’s a small part of the overall damages, it can help reduce immediate financial stress during a difficult time.
- Non-economic Damages
Non-economic damages address the more personal and emotional losses that come with losing a loved one. These are often harder to quantify but are no less important:
- Loss of Companionship and Love: Families are entitled to compensation for the absence of the love, guidance, and companionship the deceased would have provided.
- Loss of Consortium: In the case of a surviving spouse, damages may include the loss of marital relations, affection, and emotional support.
- Pain and Suffering of the Deceased Before Death: If the deceased endured pain and suffering prior to their passing, these damages can also be pursued to reflect the physical and emotional toll of their final moments.
Statute of Limitations for Filing a Wrongful Death Claim
In Georgia, the law sets a strict timeline for filing a wrongful death claim. You have two years from the date of your loved one’s death to initiate legal action. This two-year window, known as the statute of limitations, is critical—missing this deadline can mean losing your right to seek justice and compensation entirely.
However, there are exceptions to this rule. For example, if the wrongful death involves a government entity, special rules and shorter time frames may apply.
In criminal cases where the death resulted from a crime, the statute of limitations may be paused until the criminal case concludes. These exceptions can make an already complex process even more challenging to navigate, underscoring the importance of understanding your specific situation.
Acting promptly after a loved one’s passing is crucial. Evidence can fade, witnesses may become harder to locate, and the legal process takes time. Reaching out to an experienced wrongful death attorney as soon as possible can help protect your rights and ensure you meet all necessary deadlines.
How Our Atlanta Wrongful Death Attorney Can Help
While no amount of compensation can bring them back, achieving justice can provide a sense of closure and security for the future. Here’s how our Atlanta wrongful death attorney at The Stoddard Firm can help you
Investigating the Death
Our first task is to thoroughly investigate the circumstances surrounding your loved one’s death. This involves gathering and analyzing evidence such as medical records, accident reports, and witness statements to determine who is liable.
Identifying Eligible Parties
In Georgia, not everyone can file a wrongful death claim, so it’s crucial to identify who is legally eligible to bring such a case forward. Whether you’re a spouse, child, parent, or an appointed executor, we help ascertain your right to sue.
Calculating Damages
A wrongful death claim seeks to recover the “full value of the life” of your loved one. Our team works with economists, life-care planners, and other experts to calculate damages accurately, covering everything from lost income and benefits to intangible losses like companionship and guidance.
Negotiating With Insurance Companies
Insurance companies are often more focused on protecting their bottom line than offering a fair settlement. Our attorneys have extensive experience dealing with adjusters who might try to undervalue or deny your claim. We handle all communication and negotiations, fighting tirelessly to ensure you receive the compensation you deserve.
Filing a Lawsuit
If negotiations do not result in a fair settlement, we are fully prepared to take your case to court. Our team has extensive experience in litigating wrongful death claims. We handle all aspects of the trial process, from filing the lawsuit to representing your interests in court.
Contact Our Wrongful Death Lawyers
If you’ve lost a loved one due to someone else’s negligence, contact our wrongful death lawyers in Atlanta. We are here to help you seek justice and secure the compensation your family deserves.
As experienced Atlanta wrongful death lawyers, we understand the profound impact this loss has on your life. Let us handle the legal complexities so you can focus on healing.
Contact us at 470-467-2200 for a free consultation and take the first step toward justice.
Attorney Matt Stoddard
Matt Stoddard is a professional, hardworking, ethical advocate. He routinely faces some of the nation’s largest companies and some of the world’s largest insurers – opponents who have virtually unlimited resources. In these circumstances, Mr. Stoddard is comfortable. Mr. Stoddard provides his strongest efforts to his clients, and he devotes the firm’s significant financial resources to presenting the strongest case possible on their behalf. Matt understands that his clients must put their trust in him. That trust creates an obligation for Matt to work tirelessly on their behalf, and Matt Stoddard does not take that obligation lightly. [ Attorney Bio ]