Losing a loved one is always difficult, but when their death is caused by the negligence or misconduct of another person or entity, the pain can be exponentially worse. Georgia law allows certain family members and dependents to pursue compensation by filing a wrongful death lawsuit if their loved one’s death was wrongful under the law. This article provides an overview of Georgia’s wrongful death laws and who has legal standing to file a wrongful death claim.
What Does “Wrongful Death” Mean in Georgia?
Under O.C.G.A. § 51-4-1, a death is considered “wrongful” under Georgia law if it is caused by either:
- A crime, such as murder or manslaughter;
- Negligence, such as in medical malpractice or a fatal car accident; or
- Product liability, such as a dangerous product defect that results in death.
Georgia’s wrongful death statute provides a civil legal action to hold the responsible person or entity legally accountable through financial compensation. This is separate from any criminal charges the liable party may also face.
Who Can Be Held Liable in a Georgia Wrongful Death Lawsuit?
If wrongful actions or negligence resulted in a wrongful death, the at-fault party that caused the death may be held civilly liable. Some examples of potentially liable defendants in Georgia wrongful death lawsuits include:
- Drivers who caused fatal car crashes;
- Healthcare providers who made medical errors resulting in death;
- Property owners who failed to address hazards that caused a fatal accident;
- Manufacturers or retailers who produced or sold defective products that caused death;
- Employers whose negligence or recklessness resulted in a workplace fatality; and
- Any individual or entity whose intentional or negligent actions unlawfully caused a death.
Damages Available in Georgia Wrongful Death Lawsuits
Under O.C.G.A. § 51-4-1, eligible plaintiffs in successful Georgia wrongful death lawsuits may be able to recover two types of civil damages:
- Compensation for the “full value of the life” of the deceased. This covers intangible losses like loss of companionship, guidance, advice, and happiness brought by the deceased into the plaintiff’s life.
- Funeral and burial expenses.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia law specifies which family members and dependents have legal standing to file a wrongful death lawsuit:
- The surviving spouse of the deceased person.
- The children of the deceased.
- Parents of the deceased.
- Siblings of the deceased.
- A surviving grandparent or grandparents of a deceased minor child (in cases where the minor’s parents are also deceased).
- An appointed administrator or executor of the deceased person’s estate.
If the deceased person is unmarried and has no children, a wrongful death lawsuit may be filed by either their parents jointly or by each parent separately. There are some limitations on which family members can recover damages in certain cases involving a deceased child, which an experienced Georgia wrongful death attorney can advise on.
It is not necessary for eligible plaintiffs to be financially dependent on the deceased person to file a claim. However, their relationship with the deceased will be relevant in determining the extent of non-economic “full value of life” damages.
Time Limits for Filing a Georgia Wrongful Death Lawsuit
Under O.C.G.A. § 9-3-33, plaintiffs generally have two years from the date of death to file a wrongful death lawsuit in Georgia. This two-year statute of limitations applies regardless of whether a criminal case was also pursued against the liable parties.
Strategic reasons sometimes merit filing as soon as possible to preserve evidence and witness memories. Therefore, contacting a qualified personal injury attorney immediately after losing a loved one can ensure your legal rights and options are fully protected.
Pursuing Justice and Accountability Through a Georgia Wrongful Death Lawsuit
The loss of a beloved family member or provider due to another’s wrongful actions is a tragedy. Georgia’s wrongful death statute cannot undo this loss, but it enables grieving families to hold accountable those responsible and obtain damages to compensate for funeral costs and the profound absence of their loved one.
At Monge & Associates, our dedicated wrongful death attorneys are here to help grieving families pursue justice and closure. If you lost a loved one due to another person or entity’s negligence or misconduct in Georgia, contact us at (888) 477-0597 for a free consultation. With 32 offices located in 19 states, including Georgia, Arizona, and Tennessee, our experienced legal team will evaluate your case at no cost and advise you of your rights and options for holding the responsible parties accountable. Though justice cannot bring back your loved one, it can provide accountability and allow you to honor their memory through a legal fight on their behalf.