Can You File a Civil Suit for Wrongful Death in the State of Georgia?

Yes, you are able to file a civil suit for wrongful death in the state of Georgia. Wrongful death claims in Georgia are governed by the Georgia Wrongful Death Act. This type of lawsuit allows the deceased person’s surviving family members, or the estate, to seek compensation for the death if it was caused by the negligent, reckless, intentional, or criminal acts of another person or entity.

Wrongful Death Claims In Georgia

O.C.G.A § 51-4-2 addresses the civil justice versus the other system where it’s the criminal side.

The parties eligible to file a wrongful death claim in Georgia typically include the deceased person’s spouse, children, or, if neither is available, the parents of the deceased. If there are no surviving family members as specified by the law, the executor or administrator of the deceased’s estate may file the claim. It’s important to work with a wrongful death lawyer in Georgia to help your family understand the process, the timeline, and if you are eligible to file a civil suit.

Compensation in a wrongful death claim can cover a variety of damages, including:

• The “full value of the life of the deceased,” which includes both tangible (such as lost wages and benefits) and intangible factors (such as loss of care, companionship, and other elements of the relationship).
• Medical expenses related to the deceased’s final illness or injury, funeral and burial expenses, and other necessary expenses resulting from the wrongful death.

It’s important to note that Georgia law imposes a statute of limitations for wrongful death claims, generally two years from the date of the deceased person’s death. However, certain circumstances can affect this time frame, so it’s advisable to consult with a legal professional specializing in wrongful death claims in Georgia to understand the specifics of your situation and ensure your rights are protected.

The Georgia Wrongful Death Act is designed to provide a legal framework for compensating the families of individuals who have died due to the negligence, criminal act, or otherwise wrongful conduct of another person or entity.

Overview on the Georgia Wrongful Death Act

We get lots of questions from clients about the act because it can be confusing to individuals unfamiliar with the law. The law can also vary by state. So what is the Wrongful Death Act in the state of Georgia? The Georgia Wrongful Death Act is rightly designed to provide a legal framework for compensating the families of individuals who have died due to the negligence, criminal act, or otherwise wrongful conduct of another person or entity. Below are a few key provisions and principles outlined in the Act:

1. Definition of Wrongful Death: The Act defines wrongful death as a death caused by the negligent, reckless, intentional, or criminal acts of another person or entity. This can include deaths resulting from car accidents, medical malpractice, criminal acts, work-related incidents, and more.
2. Eligible Claimants: The Georgia Wrongful Death Act specifies who may bring a wrongful death claim. The order of eligibility is as follows:
   • The deceased person’s spouse.
   • The deceased person’s children if there is no surviving spouse.
   • The deceased person’s parents if there is no surviving spouse or children.
   • The executor or administrator of the deceased person’s estate, if no other family members are eligible. Any recovery obtained by the estate is held for the benefit of the next of kin.
3. Damages: The Act allows for the recovery of the “full value of the life of the deceased,” measured from the perspective of the deceased. This includes both economic factors (such as lost wages and benefits the deceased would have earned) and non-economic factors (such as loss of companionship and care). Additionally, the estate may recover for the deceased’s medical and funeral expenses, pain and suffering prior to death, and possibly punitive damages if the wrongful act was particularly egregious.
4. Statute of Limitations: In Georgia, a wrongful death claim must generally be filed within two years of the deceased person’s death. However, there are certain circumstances that can toll (pause) this statute of limitations, such as a criminal case being pursued related to the death.
5. Distribution of Recoveries: Any damages recovered in a wrongful death lawsuit are distributed according to Georgia’s laws of intestacy if not otherwise allocated by a will. This means the compensation goes directly to the surviving family members in the order specified by the Act and is not considered part of the deceased’s estate (except for certain recoveries by the estate for expenses and possibly pain and suffering).
6. Separate Estate Claim: Beyond the wrongful death claim, the deceased’s estate can file a separate claim to recover expenses related to the death, such as medical and funeral costs, as well as the pain and suffering experienced by the deceased before death.

The Georgia Wrongful Death Act is a crucial piece of legislation for protecting the rights and interests of families who have lost a loved one due to the actions or negligence of others. It aims to provide a measure of justice and financial security to those left behind. It can be complex, which is why consulting with an experienced wrongful death attorney at Deming Parker can work with you through these legal issues.