Georgia Wrongful Death Lawyer

Losing a loved one is never easy. However, you deserve justice if your family member was wrongfully taken by another person’s actions.

When the unthinkable happens to your family, our attorneys can provide the legal support you need during these trying times. Our team can gather evidence that shows how the defendant caused your loved one’s “homicide” and the damages it has resulted in. We can explain how the claims are split in a wrongful death lawsuit and what damages will go directly to you, and which ones will go to the estate. If the deceased had no surviving spouse or children, we can even argue that the court should appoint you as the personal representative of their estate.

For a free case review with our wrongful death attorneys, call Rice, Murtha & Psoras at (470) 287-3070.

Wrongful Death Lawsuits in Georgia

Wrongful death lawsuits are arguably the most challenging in Georgia personal injury law as they involve the death of a loved one. Anytime someone loses their life because another person acted negligently, recklessly, or criminally, the death is generally considered “wrongful.”

Unlike other states, though, Georgia does not use the term wrongful death. Instead, Georgia uses the term “homicide” to define deaths caused by negligence or the result of a crime, according to O.C.G.A. § 51-4-1(2). This can be easily confusing since many people generally understand homicides as murders. However, “wrongful death” and “homicide” mean the same in the civil context.

Another factor that makes wrongful death claims difficult is that damages can actually be recovered in two distinct claims. One is the wrongful death action, and the other is known as a survival action. Knowing who can file which claims and what damages can be recovered in each can be confusing without the help of our wrongful death lawyers. We can help determine the impact your loss has had on you and whether you have a legal right to be compensated for it. The following will help you understand everything you need to know about wrongful death lawsuits in Georgia:

Wrongful Death Claims

Certain family members are permitted to file a wrongful death claim to recover the full value of the deceased’s life. However, not every family member has a right to file on behalf of a loved one who was wrongfully taken. According to § 51-4-2(a), only the surviving spouse can file a claim, or the children can file it if the deceased left no surviving spouse behind. If a minor child is the one bringing the claim, the child’s guardian can qualify as a conservator and receive compensation for the benefit of the child, as per § 51-4-2(b)(3). Unfortunately, surviving grandparents and siblings will not be able to file a claim.

That is unless the deceased had no surviving spouse or children. If no person under the above law is entitled to bring a claim, the executor or personal representative of the estate can file an action to recover compensation for the next of kin under § 51-4-5(a). Our team can help get you appointed by the court as executor of your loved one’s estate if no others can bring the claim.

Who can file a claim will also be different if the wrongful death victim is a child. According to § 19-7-1(c)(2)(A), both parents can file a claim jointly if they are still married and living together. If the parents are divorced, separated, or otherwise living apart, each parent shall retain the right to file individually, as per § 19-7-1(c)(2)(C). This rule also applies to adult children. If a deceased child dies with a spouse or children of their own, the deceased’s parents retain the right of recovery.

Damages in a Wrongful Death Claim

Knowing what damages you can claim for wrongful death in Georgia is confusing because § 51-4-1(1) allows surviving victims to recover the “full value of the life” of the deceased. Obviously, this definition provides very little guidance on the specific losses for which you can recover compensation. However, it generally refers to the economic and non-economic losses the defendant caused.

For example, the full value of the deceased’s economic damages typically includes their lost income, investments, and other tangible assets impacted by their death. Essentially, any financial contribution your loved one would have made during their lifetime should be compensated for.

Non-economic damages refer to the intangible losses suffered. Loss of consortium can be claimed for the spouse’s loss of companionship. Children could also claim damages for the parental guidance they will not lose out on. However, it is hard to determine the full impact without the help of our experienced legal counsel. We can use evidence and your testimony to substantiate the full range of losses you and your family have experienced.

Survival Actions

Survival actions can also be filed for a wrongful death in Georgia. These actions, also known as “estate” claims, allow the personal representative of the deceased’s estate to recover other damages not distributed in the wrongful death claim above, like funeral expenses, medical costs for your loved one before they passed, and other damages the deceased incurred, according to § 51-4-5(b). Essentially, the survival action is the claim the deceased would have been able to file had they survived the accident.

These claims are common when the victim was hospitalized before passing. For instance, if the deceased was in the hospital following a car accident and passed away after days of treatment, the estate could claim the medical expenses, property damage to the vehicle, and pain and suffering damages as if the victim were alive and able to file for themselves.

The major difference between survival actions and wrongful death claims is how the compensation is distributed to surviving family members. Damages from the wrongful death claim are for the direct benefit of the spouse or children and are distributed straight to them. Damages recovered in a survival claim, on the other hand, will go to the deceased’s estate to be disbursed according to the deceased’s will. If your loved one had no will when they passed away, the compensation from the survival action would be distributed according to Georgia’s intestacy laws under § 53-2-1(c).

Time Limit to File for Wrongful Death in Georgia

Unfortunately, Georgia does not give surviving family members much time to file their claims. As per § 9-3-33, family members and the estate have two years from the date your loved one passed to file their claims.

However, you will have more time to file if the defendant is subject to criminal prosecution before your civil case, according to § 9-3-99.