Wrongful Death Lawsuits in Georgia
Who can bring a wrongful death claim in Georgia, the deadline to file, and any limits on damages.
Short answer: The surviving spouse may sue for the "full value of the life" of the deceased; if there is no spouse, the deceased's children (minor or adult) may sue. O.C.G.A. §§ 51-4-2, 51-4-4, 51-4-5
| Who can sue for wrongful death | The surviving spouse may sue for the "full value of the life" of the deceased; if there is no spouse, the deceased's children (minor or adult) may sue. The recovery is divided equally among the spouse and children, but the spouse receives at least one-third, and it is not subject to the deceased's debts. A parent's right to sue for the death of a child is governed by separate sections (§§ 19-7-1, 53-1-5). If no one is entitled to sue under those sections, the administrator or executor may sue for the benefit of the next of kin. The personal representative may also recover funeral, medical and other necessary expenses. Read on a FindLaw mirror of the Official Code of Georgia. |
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FAQ
Who can file a wrongful death lawsuit in Georgia?
The surviving spouse may sue for the "full value of the life" of the deceased; if there is no spouse, the deceased's children (minor or adult) may sue. The recovery is divided equally among the spouse and children, but the spouse receives at least one-third, and it is not subject to the deceased's debts. A parent's right to sue for the death of a child is governed by separate sections (§§ 19-7-1, 53-1-5). If no one is entitled to sue under those sections, the administrator or executor may sue for the benefit of the next of kin. The personal representative may also recover funeral, medical and other necessary expenses.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.