Georgia Wrongful Death Claims: Who Can Sue and What Compensation Is Available?

The short answer: Under Georgia law, the surviving spouse has the first right to file a wrongful death claim, followed by the children, then the parents, and finally the estate’s representative. Georgia recognizes two separate claims: the “full value of the life” claim brought by the family, and the estate’s claim for financial losses, such as medical and funeral expenses. In most cases, you have two years from the date of death to file.

Losing someone you love because of another person’s negligence is a pain no family should have to bear. On top of the grief, you’re likely dealing with medical bills, funeral costs, and a legal system that can feel cold and confusing. At Moffitt Law, you’re not just a case number. As an experienced LaGrange wrongful death lawyer, Tyler Moffitt brings more than ten years of proven results to grieving families and takes the time to explain your options with honesty and care. Your consultation is free, and, in these cases, you pay no fee unless we recover.

In this article, we discuss:

– Who can file a wrongful death claim in Georgia

– The two types of wrongful death claims under Georgia law

– What compensation is available

– How long do you have to file

– How Moffitt Law can help

Who Can File A Wrongful Death Claim In Georgia?

Georgia law sets a clear order for who can file. The surviving spouse or, if there is no surviving spouse, a child or children may recover for the homicide of the spouse or parent the full value of the life of the decedent.

When someone dies leaving no spouse or children, the right generally belongs to the surviving parent or parents. If the deceased child doesn’t leave a spouse or child, the right of recovery shall be in the parent or parents. And if there’s no spouse, child, or parent to bring the claim, the administrator or executor of the decedent may bring an action and hold the amount recovered for the benefit of the next of kin.

One detail that surprises many families: a surviving spouse who files must share the recovery with the children. Any amount recovered is divided equally among the surviving spouse and the children per capita. Still, the surviving spouse shall receive at least one-third of the recovery.

What Are The Two Types Of Georgia Wrongful Death Claims?

Georgia allows two separate claims after a wrongful death, and the difference matters for your family.

The first is the “full value of the life” claim brought by the surviving family members. It’s meant to compensate for the value of the life that was lost, measured from the perspective of the person who died.

The second is the estate’s claim, brought by the personal representative. When death results from a crime or from criminal or other negligence, the personal representative is entitled to recover for the funeral, medical, and other necessary expenses resulting from the injury and death. The estate may also seek compensation for the deceased’s pain and suffering. A claim for wrongful death and an estate’s claim for the decedent’s pain and suffering are distinct causes of action.

What Wrongful Death Compensation Is Available In Georgia?

Georgia measures wrongful death compensation by the “full value of the life, ” which includes both economic and non-economic losses. A factfinder has wide latitude in calculating the full value of life, and may consider economic losses as well as any non-economic, intangible losses deemed relevant.

Economic losses include wages and benefits your loved one would reasonably have earned. Non-economic losses cover the intangible value of life itself, including the experiences and relationships that gave it meaning. Importantly, recovery for wrongful death in Georgia is limited to the full value of the life, without deduction for the decedent’s necessary or personal expenses, so those costs don’t reduce the full value.

The estate’s separate claim recovers concrete out-of-pocket costs, such as the funeral, medical, and other necessary expenses resulting from the injury and death.

How Long Do You Have To File A Wrongful Death Claim In Georgia?

In most cases, you have two years from the date of death to file. The applicable statute of limitations, OCGA § 9-3-33, provides that “actions for injuries to the person shall be brought within two years after the right of action accrues.” Certain circumstances can pause or extend that deadline, but waiting is risky. Evidence disappears, memories fade, and once the deadline passes, the right to recover is usually gone.

Fault matters too. Georgia follows a modified comparative negligence rule, so if the person who died was partly responsible, that responsibility can reduce or even bar recovery. That’s exactly why bringing in a prepared, experienced attorney early makes a difference.

Lost a loved one because of someone else’s negligence in Georgia? Contact Moffitt Law for a free evaluation.

How Moffitt Law Helps Grieving Georgia Families

Wrongful death cases demand thorough preparation and genuine care, and that’s how Tyler Moffitt works. Raised in LaGrange, he returned home to serve the communities he knows best, and he’s been named a Georgia Rising Star every year from 2023 through 2026.

Tyler and the Moffitt Law team handle the legal side, from investigating what happened to dealing with insurance companies, so your family can focus on healing. From our offices in LaGrange, Carrollton, and Columbus, we represent families throughout Georgia with honest, personal, and relentless advocacy.

Frequently Asked Questions About Georgia Wrongful Death Claims

Who receives the money in a Georgia wrongful death claim?

The recovery is generally shared among the surviving spouse and children, with the surviving spouse guaranteed at least one-third of the recovery. Money recovered for the estate’s expenses passes through the estate for the benefit of the next of kin.

How much does it cost to hire a wrongful death attorney in Georgia?

At Moffitt Law, your consultation is free with no obligation. We handle wrongful death cases on a contingency fee basis, meaning we charge no fee unless we recover compensation for your family.

Can I still file if my loved one was partly at fault?

Possibly. Georgia’s modified comparative negligence rule may reduce your recovery based on the share of fault, and too much fault can bar it entirely. An experienced attorney can evaluate how these rules apply to your situation.

What’s the difference between the wrongful death claim and the estate’s claim?

The wrongful death claim compensates the family for the full value of the life lost. The estate’s claim recovers funeral, medical, and other necessary expenses, and may include the deceased’s pain and suffering, which Georgia treats as a separate cause of action.

No amount of money can replace the person you’ve lost, but holding a negligent party accountable can protect your family’s future. With more than ten years of proven results, Tyler Moffitt fights for Georgia families with the discipline and preparation that define his practice. Proven Results, Proven Lawyer.

Contact our experienced attorneys at Moffitt Law today for a free evaluation. There’s no obligation, just honest answers and experienced guidance.

Past results do not guarantee future outcomes. Every case is different.