Georgia Wrongful Death Law

We represent the families of wrongful death victims throughout the state of Georgia. No matter where you live in Georgia, we can arrange to meet you at your home to discuss your wrongful death claim. We can represent you in any court or county throughout Georgia. If the wrongful death occurred while the deceased was at work or on-the-job, your right to bring a lawsuit will depend on the circumstances under which the wrongful death occurred. The wrongful death claim may fall under Georgia worker’s compensation laws.

In Georgia, the legislature has enacted laws that determine who can bring a wrongful death claim. Title 51 of the Official Code of Georgia (OCGA) governs all Georgia tort claims, including wrongful death cases which are specifically governed by Chapter 4 of Title 51. The law typically refers to the deceased person as the “decedent.” According to Georgia’s wrongful death laws, the surviving spouse of the decedent may bring a lawsuit and seek damages on behalf of the spouse and any surviving children.

If there is no surviving spouse, the children of the decedent may bring a lawsuit. If no spouse or children survive the decedent, the parents or parent of the decedent may bring an action, as provided in GA Code § 19-7-1. There are certain exceptions in rare circumstances that may disqualify a person from being able to bring an action. For example, if a person contributed to the wrongful death or was partially at fault for causing the death, he or she would not be able to recover.

If there is no surviving spouse, child, or parent, Georgia wrongful death laws permit the executor or administer of the decedent’s estate to bring an action for wrongful death on behalf of the decedent’s estate. The estate can also bring a separate action against the negligent party or parties to recover for expenses such as medical bills and funeral costs. The estate also can seek a claim for the decedent’s pain and suffering between the time of the initial injury and the time of death. This action is referred to as a survival action. Each of these claims is typically pursued simultaneously and are usually combined into one case.

The decedent may have left behind a will that appoints a personal representative to administer the estate. If there is no will, a Georgia court will appoint someone, usually a relative, to act as the personal representative of the estate. If you are appointed as the administrator or personal representative of an estate, it is important that you abide by all Georgia probate laws when handling a wrongful death suit on behalf of the estate.

Georgia wrongful death laws also control the way in which the award or settlement funds are disbursed at the conclusion of a wrongful death case. Any amount recovered in a wrongful death action must be split equally amongst the surviving spouse and the surviving children. If the children are minors, their guardian is charged with the duty of holding the funds for the benefit of the minors and is accountable for the funds. An experienced Georgia wrongful death attorney can help you through each step of this complicated process.