Need Help Filing a Wrongful Death Claim in Georgia? Here’s What You Need to Know
When a loved one dies because of someone else’s negligence or wrongful act, the emotional and financial impact on the surviving family can be devastating. In Georgia, the law gives certain individuals the right to file a wrongful death claim—but not everyone affected by the loss is legally eligible to do so.

Understanding who can file a wrongful death claim in Georgia, what damages they can recover, and how the legal process works is essential if you’re considering seeking justice on behalf of a deceased family member.

What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person dies due to another party’s negligent, reckless, or intentional actions. These claims aim to compensate the surviving family for the value of the life lost, including both economic and emotional damages.

Wrongful death claims can arise from a variety of situations, such as:

•Car or truck accidents

Slip and fall incidents
Medical malpractice
Workplace accidents
Defective products
Criminal acts (in addition to criminal charges)
To learn more about the types of wrongful death cases our firm handles, visit the Wrongful Death Practice Area.

Who Can Legally File a Wrongful Death Claim in Georgia?
Georgia law is very specific about who has the legal standing to file a wrongful death claim. The right to bring the lawsuit follows a clear order of priority:

The Surviving Spouse
The first person entitled to file is the spouse of the deceased. If the couple had minor children, the spouse must also represent their interests in the claim. However, the spouse cannot receive less than one-third of the total recovery, regardless of the number of children.

The Deceased’s Children
If there is no surviving spouse, the right to file passes to the deceased’s children—whether they are minors or adults.

The Deceased’s Parents
If the deceased had no spouse or children, then either or both parents can file the claim. In some cases, courts may determine how the claim should be divided if the parents are not together or disagree.

The Administrator of the Estate
If none of the above relatives are available, the executor or administrator of the deceased’s estate may bring a wrongful death claim. In this situation, any compensation awarded is held for the benefit of the deceased’s next of kin.

For families unsure of who should file, legal guidance is essential. Learn more about initiating a claim in Steps to Take If You Suspect Wrongful Death.

What Damages Can Be Recovered in a Georgia Wrongful Death Claim?
There are two parts to a wrongful death lawsuit in Georgia—both designed to compensate for different types of losses:

The Full Value of the Life of the Deceased
Filed by the family or estate, this part covers both:

Economic damages, such as lost income, benefits, and services
Non-economic damages, such as the loss of companionship, advice, care, and support the deceased would have provided
Estate Claims
This part is filed by the estate representative and seeks compensation for losses related to the death itself, such as:

Medical expenses related to the final injury or illness
Funeral and burial expenses
Pain and suffering endured by the deceased before death
Families may be eligible for both types of compensation, depending on the circumstances. Explore more about how these damages are calculated in Compensation in Wrongful Death Cases: What Families Should Know.

How Long Do You Have to File a Wrongful Death Claim in Georgia?
Georgia imposes a two-year statute of limitations for most wrongful death claims. That means the lawsuit must be filed within two years of the date of death.

However, there are exceptions that can pause (or “toll”) the clock:

If the case involves a criminal investigation, the civil claim may be delayed until the criminal case concludes.
If the deceased’s estate has not gone through probate, the time limit may be extended by up to five years.
Missing the deadline can result in losing the right to pursue compensation, so it’s important to consult an attorney as early as possible.

Common Challenges in Wrongful Death Claims
Even when the loss is clearly due to negligence, wrongful death cases can involve:

Disputes over who has legal standing to file the claim
Arguments about the value of the deceased’s life or income
Attempts by defendants to blame the deceased for the accident
Complications with multiple heirs or family members
Because of the complexity and emotional weight of these cases, families benefit from working with attorneys who understand Georgia’s wrongful death laws and can navigate the legal process with care and skill. Learn more about legal strategy in The Role of Negligence in Wrongful Death Cases: A Legal Perspective.

How The Law Office of Don Edwards Supports Families Seeking Justice