Wrongful Death vs. Survival Action in Georgia: Understanding the Legal Differences

Families coping with the devastating loss of a loved one may face two separate legal claims after a tragedy, often discussed together as wrongful death vs survival action. While closely related, they serve distinct purposes. A wrongful death claim seeks compensation for the family’s losses, such as the income and companionship the decedent would have provided. A survival action, by contrast, addresses what the deceased personally experienced before passing, including medical expenses, pain, and lost wages.

Because these claims provide different types of recovery and go to different recipients, both may be pursued in a single case. At The Stoddard Firm, we help families understand these differences and fight to ensure every right to compensation is fully honored.

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What Is a Wrongful Death Claim?

In Georgia, a wrongful death claim seeks the “full value of the life of the decedent, as shown by the evidence.” This includes both financial contributions and intangible aspects. In practical terms, these claims share several defining characteristics:

• Filed by surviving family members
• Seeks compensation for losses such as financial support, companionship, and funeral costs
• Damages are awarded to the spouse, children, or other dependents

What Is a Survival Action in Georgia?

A survival action allows the deceased’s estate to recover damages that the person would have been entitled to had they lived. Unlike wrongful death claims, survival actions look backward to the critical period of time between the initial injury and the eventual death. These claims are characterized by several important aspects:

• Filed by the deceased’s estate or personal representative
• Compensates for losses the deceased suffered before death, such as medical expenses, pain and suffering, and lost wages from the time of injury until passing
• Compensation is paid to the estate, then divided according to the will or Georgia’s inheritance rules

Survival actions are often pursued alongside wrongful death claims, ensuring that both the deceased’s suffering and the family’s losses are recognized in court.

Key Differences Between Wrongful Death and Survival Action

Understanding the difference between wrongful death vs survival action matters, since the two types of claims may arise from the same event but are not the same. Each plays a separate role under Georgia law, is filed by different parties, and provides compensation for its own categories of damages:

This distinction ensures that all aspects of loss are recognized, addressing both the family’s suffering and the harm endured by the decedent before passing.

Who Can File Each Type of Claim in Georgia?

As previously mentioned, the right to file depends on the type of action:

• Wrongful Death: Under O.C.G.A. § 51-4-1, the right to bring a wrongful death claim belongs to the surviving spouse, children, or other dependents of the deceased.
• Survival Action: According to O.C.G.A. § 9-2-41, a cause of action for injury does not abate upon death. The executor or personal representative of the estate may file on behalf of the decedent.

This legal framework ensures that both the family’s losses and the decedent’s individual rights are preserved.

How Damages Are Calculated in Each Claim

Damages vary depending on whether the action is wrongful death or survival:

• Wrongful death: Includes lost financial support, loss of companionship, and funeral expenses. Compensation may reach hundreds of thousands of dollars, and in cases involving young wage earners or catastrophic circumstances, verdicts in Georgia have exceeded one million dollars.
• Survival action: Includes medical bills, pain and suffering, and wages lost from injury until death. These amounts depend on the length of survival after injury, the cost of care, and the level of pain documented.

In Georgia, the amount recovered through a survival action can differ greatly from case to case, as many claims involve substantial hospital bills or evidence of prolonged pain before death, which can increase the overall compensation and, in some situations, add significant value alongside a wrongful death recovery.

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Filing Both Wrongful Death and Survival Actions

Families do not have to choose one type of claim over the other. In many cases, both wrongful death and survival actions may be filed together if the damages do not overlap.

• Filing both claims provides compensation for the estate and the surviving family
• This approach captures the full scope of losses, from the decedent’s suffering to the family’s financial hardships
• It also underscores the importance of experienced legal representation

By pursuing both claims, the law accounts for the suffering the decedent went through while also helping to secure the family’s future stability.

Time Limits for Filing Each Claim

The statute of limitations for a personal injury or wrongful death claim is usually two years in Georgia. However, the deadline is not always the same in every case. Situations involving minors, government defendants with shorter notice requirements, or an incapacitated injured party can change how long you have to file. Because these exceptions can be complex, consulting an attorney as soon as possible is the best way to protect your rights.

Contact Our Georgia Wrongful Death Attorneys for a Free Case Review

When a life is cut short by negligence, families are often left with overwhelming grief, unexpected financial burdens, and daily uncertainty. Trying to understand wrongful death vs survival action in the middle of such a painful period can feel especially daunting. At The Stoddard Firm, we help families throughout Atlanta and Georgia make sense of these claims with compassion, close attention, and determined advocacy. Call 470-467-2200 today for a free consultation, and let us explain how we can guide you toward justice and accountability for your loved one.