In Georgia, the surviving spouse usually has the first right to file a wrongful death claim. If there is no surviving spouse, the deceased person’s children may file. Parents may bring a claim for the death of a child, while an estate representative may have the right to act in other situations.
A successful claim may recover the “full value” of the person’s life. The estate may also seek certain costs and losses connected to the fatal injury.
What Is a Wrongful Death Claim in Georgia?
A wrongful death claim may arise when a person dies because of a crime, negligence, or a defective product.
The claim is separate from any criminal case related to the death. A civil wrongful death case seeks financial recovery from the responsible person, business, or insurer. It does not decide whether someone should go to jail.
Who Can File a Georgia Wrongful Death Claim?
Georgia law gives relatives the right to file in a set order. Under Georgia Code Section 51-4-2, the surviving spouse generally has the first right to bring a claim for the death of a spouse.
The order is usually:
- The surviving spouse
- The deceased person’s children, if there is no surviving spouse
- The deceased person’s parents, when the deceased was a child
- The estate’s administrator or executor, if no qualifying family member can file
A surviving spouse represents the interests of the deceased person’s children when bringing the claim. However, the spouse must generally receive at least one-third of the wrongful death recovery, even when the couple had several children.
Rules involving divorced parents, adopted children, children born outside marriage, estranged spouses, or minor beneficiaries can be more complex. The proper claimant should be confirmed before a lawsuit is filed.
What Can Be Recovered for the Full Value of a Person’s Life?
Georgia’s wrongful death law allows recovery for the full value of the deceased person’s life. Georgia Code Section 51-4-1 states that personal living expenses are not deducted when this value is calculated.
There is no standard formula for these losses. Evidence may include employment records, tax returns, testimony from relatives, and opinions from financial professionals. The person’s age, health, career, education, and life expectancy may also affect the calculation.
Experience in Georgia wrongful death cases can be useful when reviewing financial evidence, working with qualified professionals, and presenting the full effect of a preventable death. The lawyers at Jamie Casino Injury Attorneys have more than 40 years of combined experience handling serious injury and wrongful death matters.
How Long Do Families Have to File?
Under Georgia Code Section 9-3-33, most Georgia wrongful death lawsuits must be filed within two years. The deadline often begins on the date of death.
However, some facts can change the deadline. A related criminal prosecution may pause the limitation period. The administration of the estate may also affect the timing in some cases. Claims involving government agencies may require notice much sooner.
Waiting can also weaken a case. Video may be erased, vehicles may be repaired, and witnesses may become harder to locate. Families should preserve evidence as early as possible.
Frequently Asked Questions
Is a Wrongful Death Settlement Taxable?
Compensation based on a physical injury or death is often excluded from federal taxable income. However, interest, punitive damages, and certain other portions may receive different tax treatment. A tax professional can review the final settlement terms.
Can Siblings File a Wrongful Death Claim?
Siblings do not usually have priority to file when a spouse, child, or parent has the legal right to act. They may benefit through the estate when no higher-priority claimant exists, depending on Georgia inheritance law.
Can a Wrongful Death Case Settle Without Going to Court?
Yes. Many claims resolve through negotiations with the responsible party’s insurer. Filing a lawsuit may still be necessary when liability, damages, or insurance coverage is disputed.
What if More Than One Party Caused the Death?
A claim may be brought against every party whose conduct contributed to the death. For example, a truck crash could involve a driver, trucking company, maintenance contractor, or parts manufacturer.
What Happens if the Person Who Died Had No Will?
A will is not required to bring a Georgia wrongful death claim. The right to file depends on the surviving family members and the order set by state law.
Contact the Georgia Wrongful Death Lawyers at Jamie Casino Injury Attorneys
A preventable death can leave a family facing grief, financial strain, and difficult legal questions. The Georgia wrongful death lawyers at our law firm can investigate what happened, identify the proper claims, and pursue accountability from every responsible party.
For more information, please contact the personal injury attorneys at Jamie Casino Injury Attorneys at (912) 504-2158 to schedule a free consultation today.
