Who Can File a Wrongful Death Suit in Georgia? 2025

The sudden death of a loved one is one of the most difficult things that can happen to a family. If the death was caused by another party’s negligent or wrongful actions, it can be even more devastating. Families often find themselves asking what legal recourse they have after a preventable tragedy. The question that comes up more than any other is “Who can file a wrongful death suit in Georgia?”

Georgia’s wrongful death laws detail not only who can make a claim, but also the types of damages that can be sought.

Understanding Georgia Wrongful Death Laws

Georgia has several statutes that provide for actions in wrongful death. The statutes establish who can bring a wrongful death action and what types of damages are recoverable in such an action.

The purpose of wrongful death statutes is to compensate the surviving family members for the “full value of the life” of the deceased person, which includes both economic and non-economic losses that factor into an average wrongful death settlement. This encompasses both tangible and intangible contributions to the lives of family members, such as support, companionship, and care.

However, because wrongful death claims are purely statutory, the order of preference for who may bring a claim is strictly determined. As a result, not all family members have a cause of action for a wrongful death claim.

About 5,500 deaths due to unintentional injuries occurred among Georgians in 2020. The number one cause of death of Georgians between the ages of 1 and 44 years old is unintentional injuries. Each year in Georgia, there are over 74,000 hospitalizations and ER visits that result from injuries.

Spouse

In Georgia, the spouse is given the first right to bring a wrongful death action. This would mean that in the event of the death of a married person by the wrongful act of another, the surviving spouse is the first to have standing to file a claim. If there are children of the deceased, the spouse is also responsible for representing their rights in the action.

The spouse in Georgia is always entitled to a portion of the recovery, which is never less than one-third of the award or settlement. The surviving spouse plays an essential role in recovery efforts for both financial costs, such as lost income and medical bills, as well as non-economic damages involving companionship loss and comfort deprivation.

Children

When a decedent leaves children behind but no spouse, the right to bring a wrongful death action on their behalf is held by the children. This covers minors or adult children who were either financially or otherwise reliant on the decedent, as well as their relationship with a deceased parent or guardian.

Recoverable damages may include the kinds of financial contributions above, as well as intangible losses that children may have suffered, such as guidance, mentorship, and companionship. A wrongful death attorney can guide children on their legal rights and make certain any settlement or award is as comprehensive as possible, both with an eye to their future needs.

Parents

If the deceased person is survived by parents but not a spouse or children, then Georgia law permits the parents to file a wrongful death claim. Damages in this case may include the loss of financial support and the emotional comfort the parents had a right to expect from their child.

The law recognizes that many people depend on their adult and minor children for love, support, and help with a range of personal and financial matters. Parents who lose a child through a wrongful death often work with a skilled attorney who can shepherd them through the legal process and put forth a strong case for damages.

Estate Representatives

In the absence or incapacity of any of the family members, the executor or administrator of a deceased person’s estate is allowed to bring forth a wrongful death claim. The representative of the estate would bring the case on behalf of the decedent’s heirs or beneficiaries, with any damages being paid out in accordance with the law or the decedent’s will.

About Stephen LaBriola

Attorney Stephen T. LaBriola is a member of the Georgia Bar and is a dedicated lawyer who serves his clients throughout Atlanta, Georgia. Stephen T. LaBriola is a committed and experienced attorney who fights tirelessly in court for his clients and is often seen in the Fulton County Courthouse advocating for his clients’ rights.

FAQs

Who Can File a Wrongful Death Claim in Georgia?

Georgia law lists the right to file a wrongful death action in order of priority. The surviving spouse has the first right to file an action, then the children, then the parents, and lastly, the personal representative or executor of the estate can file a wrongful death action on behalf of the heirs.

What Is the Average Wrongful Death Settlement in Georgia?

Determining the settlement value for a wrongful death claim in Georgia depends on several factors. These include the age and earning potential of the deceased, medical expenses, pain and suffering, and emotional loss to surviving family members. Because each case is different, the amount of a wrongful death settlement can vary widely.

What Are the Chances of Winning a Wrongful Death Claim?

Winning a wrongful death case depends on having substantial evidence to demonstrate negligence or liability backed by professional legal representation. Legal cases supported by detailed medical records, official police accident reports, and witness statements tend to yield better results. The presence of an experienced wrongful death attorney improves the likelihood of success by presenting a strategic and comprehensive case effectively.

How Long Can You Wait to File a Wrongful Death Claim?

In Georgia, the typical statute of limitations for a wrongful death claim is two years from the date of the person’s death. The two-year time limit is strict, and a claim will likely be lost if not filed in time. Exceptions may exist in certain cases, such as for a claim brought against a government entity. It is important to act quickly to protect your rights.

Hire a Wrongful Death Lawyer

If your family member suffered a wrongful death due to another person’s negligence, hire a wrongful death lawyer today. Stephen LaBriola knows what it takes to be successful in a wrongful death case and is here to help. Contact us today for more information.