When a loved one passes away due to the wrongful act of another, the grief can be compounded by confusion about the legal rights of the surviving family members. In Georgia, the law provides specific avenues for the family to seek justice and compensation through wrongful death and survivorship claims. Here’s what you need to know.

Who Can Bring a Wrongful Death Claim?

In Georgia, the right to file a wrongful death claim is determined by the relationship to the deceased. The following individuals are eligible to bring a claim:

  • Surviving Spouse: The spouse has the primary right to file the claim and also represents the interests of any minor children. The law ensures that the spouse receives no less than one-third of the total recovery, regardless of the number of children.
  • Surviving Children: If there is no surviving spouse, the adult children of the deceased can file the claim.
  • Parents: If the deceased has neither a surviving spouse nor children, the parents can bring the claim.
  • Estate Representative: If there are no immediate family members, the personal representative of the deceased’s estate may file the claim.

Estate Claim vs. Survivorship Claim

While both wrongful death and survivorship claims arise from the unfortunate event of a death, they serve different purposes and compensate for different types of losses:

  • Wrongful Death Claim: This claim is brought by the surviving family members and focuses on the “full value of the life” of the deceased, including both tangible and intangible aspects, such as lost wages and the loss of companionship.
  • Survivorship Claim: Also known as an estate claim, this is filed by the estate’s representative. It seeks compensation for the pain and suffering the deceased experienced prior to death, as well as other damages like medical expenses incurred before death and funeral/burial expenses.

It’s important to note that wrongful death claims are about the individual’s life value, while survivorship claims are about the estate’s losses.

Statute of Limitations

For both wrongful death and survivorship claims in Georgia, there is generally a two-year statute of limitations from the date of death. However, this can be extended or shortened under certain circumstances, such as if a government entity is involved or if there’s a pending criminal prosecution related to the death.

At Hanson Fuller, our attorneys have significant experience with wrongful death lawsuits and can help guide you and your family through this difficult time.