TL;DR: To file a wrongful death claim in Georgia, eligible family members such as a spouse, child, or parent must first confirm that the death was caused by another party’s negligence or misconduct. They then gather key evidence like medical records, police reports, and witness statements before filing a formal lawsuit in civil court. Working with a wrongful death attorney ensures the claim meets Georgia’s strict filing deadlines (two years from the date of death) and maximizes the family’s chance of securing fair compensation for their loss.
The loss of a loved one is one of life’s most painful experiences especially when it could have been prevented. When someone’s reckless or negligent actions cause a death, Georgia law gives surviving family members the right to seek justice through a wrongful death claim.
However, the process of filing a wrongful death claim is far from simple. It involves legal technicalities, strict deadlines, and detailed evidence requirements. Families often find themselves overwhelmed by paperwork, court rules, and emotional distress.
In this guide, we’ll walk you step by step through how to file a wrongful death claim in Georgia, including who can file, how negligence is proven, what compensation is available, and how a wrongful death attorney can guide your family toward justice and closure.
Understanding Wrongful Death Under Georgia Law
Under Georgia Code § 51-4-1, a wrongful death occurs when a person dies because of the negligence, recklessness, or intentional misconduct of another individual or entity.
This can arise from many tragic circumstances, such as:
- Car, truck, or motorcycle accidents caused by drunk or distracted drivers.
- Medical malpractice, including surgical errors or misdiagnoses.
- Unsafe workplaces that violate safety protocols.
- Nursing home neglect or abuse leading to fatal injuries.
- Defective or dangerous products, such as faulty brakes or toxic drugs.
- Criminal acts, including assault or homicide.
In these situations, Georgia law allows families to recover the “full value of the life of the deceased”, which represents both the economic and emotional value of their life, everything they would have contributed and experienced had the tragedy not occurred.
Who Can File a Wrongful Death Claim in Georgia?
Georgia has specific rules about who can legally bring a wrongful death lawsuit. Only certain people are eligible, in a specific order of priority:
- The Surviving Spouse – The spouse has the first right to file the claim. If there are surviving children, the spouse represents them as well but is guaranteed at least one-third of any recovery, regardless of the number of children.
- The Children of the Deceased – If there is no surviving spouse, the children can jointly bring the claim and share any recovery equally.
- The Parents of the Deceased – If the deceased had no spouse or children, the parents may file the claim, whether or not the child was an adult.
- The Estate Representative – If no eligible family member exists, the administrator or executor of the estate can file the claim, with any proceeds distributed to the next of kin.
These rules are designed to ensure fairness and prevent multiple overlapping claims.
Note: Georgia distinguishes between the wrongful death claim (for the full value of life) and the estate claim (for medical bills, funeral costs, and pain and suffering before death). Both can often be filed together.
Step-by-Step Process of Filing a Wrongful Death Claim in Georgia
Filing a wrongful death claim is not just about submitting paperwork; it’s a legal process that demands thorough preparation, evidence, and timing.
Below is a breakdown of how the process unfolds in Georgia.
Step 1: Consult an Experienced Wrongful Death Attorney
The first step is to consult with a skilled Atlanta wrongful death attorney who specializes in Georgia law.
An attorney can help you:
- Assess whether you have a valid wrongful death claim.
- Identify the at-fault party or parties.
- Gather the right evidence to prove negligence.
- Explain your rights and potential compensation.
- Handle all communications with insurance companies and opposing counsel.
Wrongful death cases often involve multiple parties, large insurance companies, and complex legal standards so professional legal guidance is critical from the start.
Step 2: Conduct a Comprehensive Investigation
Once your attorney takes on the case, they will conduct an in-depth investigation to uncover the facts and evidence.
This often includes:
- Reviewing police or accident reports.
- Obtaining medical and autopsy records.
- Collecting witness statements and video evidence.
- Consulting accident reconstruction specialists or medical experts.
- Requesting corporate safety records, maintenance logs, or employment documents.
In Georgia, the burden of proof lies with the plaintiff, meaning your attorney must show, through evidence, that the defendant’s actions directly caused your loved one’s death.
Step 3: Establish Liability
Proving liability in a wrongful death case requires showing four essential elements:
- Duty of Care – The defendant owed a legal duty to act safely (e.g., a driver must obey traffic laws).
- Breach of Duty – The defendant failed to meet that duty (e.g., by speeding, texting while driving, or providing negligent medical care).
- Causation – The breach directly caused the death.
- Damages – The death resulted in measurable harm, both emotional and financial, to surviving family members.
In some cases, more than one party may share liability such as an employer, a product manufacturer, or a property owner.
Step 4: Calculate Damages
A key part of filing a wrongful death claim is calculating the total value of your losses.
Georgia law recognizes two major categories:
1. The “Full Value of the Life” of the Deceased
This represents everything the deceased lost as a result of their untimely death, including:
- Lost wages and benefits they would have earned.
- Loss of companionship, guidance, and enjoyment of life.
- Emotional value — the experiences, relationships, and milestones they will miss.
2. The Estate Claim
This covers direct financial losses associated with the death, including:
- Medical bills for treatment before death.
- Funeral and burial expenses.
- Pain and suffering endured by the deceased before passing.
Economists, vocational experts, and actuaries often work with attorneys to accurately estimate long-term financial losses.
Step 5: File the Wrongful Death Complaint
Once the investigation is complete, your attorney will draft and file a formal complaint in the appropriate Georgia court.
The complaint typically includes:
- The names of the plaintiffs and defendants.
- A detailed description of how the wrongful death occurred.
- The legal basis for negligence or misconduct.
- The types of damages being sought.
After filing, the defendant is formally served with the complaint, giving them an opportunity to respond. This step initiates the legal proceedings.
Step 6: Settlement Negotiations
In many cases, the defendant’s insurance company will make a settlement offer before the case reaches trial.
However, early offers are often lowball settlements designed to save the insurer money. Your attorney will negotiate aggressively on your behalf, using the evidence collected to justify full and fair compensation.
A strong negotiation strategy backed by solid documentation can often lead to a favorable settlement without the emotional toll of a courtroom trial.
Step 7: Trial (If Settlement Fails)
If the defendant refuses to take responsibility or offer a fair settlement, your case will proceed to trial.
During the trial process, your attorney will:
- Present expert testimony and physical evidence.
- Cross-examine witnesses.
- Demonstrate how the defendant’s negligence caused the death.
- Argue for full compensation for both economic and non-economic damages.
A judge or jury will then determine whether the defendant is liable and, if so, how much compensation should be awarded.
Georgia’s Statute of Limitations for Wrongful Death
Georgia law sets a strict two-year statute of limitations for filing a wrongful death claim under O.C.G.A. § 9-3-33.
This means you must file within two years from the date of your loved one’s death. Missing this deadline can result in your case being permanently barred.
However, there are exceptions that can pause (toll) the statute of limitations:
- Criminal Proceedings: If the death resulted from a crime (such as DUI or homicide), the civil statute is paused until the criminal case ends, up to six years.
- Estate Administration: If the deceased’s estate has not yet been probated, the filing deadline can be paused for up to five years.
Because of these nuances, it’s crucial to consult an attorney as soon as possible to preserve your right to file.
Why You Need a Wrongful Death Attorney
Wrongful death cases involve emotional pain, financial pressure, and complex legal processes all at once. Having an experienced attorney can relieve much of that burden.
A skilled Georgia wrongful death lawyer will:
- Handle all case filings and deadlines.
- Communicate with insurance companies and opposing counsel.
- Work with experts to prove liability and damages.
- Protect your family from manipulative settlement tactics.
- Represent you confidently in court if needed.
At Georgia Wrongful Death Attorney P.C., we combine compassion with powerful legal advocacy. We handle every case with care, understanding that behind every claim is a grieving family seeking truth and accountability.
Taking the First Step Toward Justice
Filing a wrongful death claim is about more than money; it’s about demanding accountability and ensuring your loved one’s story leads to change.
No amount of compensation can replace a life, but pursuing justice can bring closure, financial stability, and peace of mind.
If your family has suffered a preventable loss, contact Georgia Wrongful Death Attorney P.C. today. We’ll listen to your story, guide you through your options, and help you build a strong case for justice.
You’ve already endured the hardest part; now let us handle the rest. Contact us for a free case evaluation.