Bereaved Rights

State wrongful death guide

Georgia Wrongful Death Law Guide

Georgia wrongful death claims consider the full value of the decedent’s life and must generally be filed within two years.

Quick facts for Georgia

  • Who can file: Georgia allows the surviving spouse to file first. If no spouse exists, the children may file. If neither exists, the parents may file, and if none, the personal representative may file on behalf of the estate.
  • Deadline to file: Most Georgia wrongful death claims must be filed within two years of the date of death, with tolling possible during criminal prosecution.
  • Key statute: O.C.G.A. § 51-4-1 to 51-4-5

Types of compensation families may pursue

  • Economic value of the decedent’s expected lifetime earnings
  • Intangible value of life, including relationships, experiences, and enjoyment
  • Medical and funeral expenses (via estate claim)
  • Pain and suffering (estate claim)

Georgia has no caps on wrongful death damages.

Georgia wrongful death law: a guide for grieving families

Georgia’s wrongful death law is unique in how it values a life lost to negligence. The law recognizes not only the financial impact but also the intangible experiences, relationships, and joys that make life meaningful.

1. What is “wrongful death” in Georgia?

A wrongful death occurs when someone’s negligence, recklessness, or intentional act causes another person’s death.

Common cases include:

  • Car and truck accidents
  • Defective products
  • Unsafe property conditions
  • Medical negligence

2. Who files the lawsuit?

Georgia’s priority order:

  1. Surviving spouse
  2. Children (if no spouse)
  3. Parents (if no spouse or children)
  4. Personal representative of the estate

3. Damages: Georgia’s unique “full value of life” measure

This includes:

Economic value

Income the deceased would likely have earned.

Intangible value

Life experiences, relationships, companionship, and the ability to enjoy daily living.

Estate claim (filed separately)

  • Medical bills
  • Funeral costs
  • Pain and suffering

4. Filing deadline

Most wrongful death lawsuits must be filed within two years, but the clock may pause during criminal proceedings related to the death.

Disclaimer

This guide is informational only and not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

What damages are available in a Georgia wrongful death case? +

Georgia measures wrongful death damages by the “full value of the life of the decedent.” This includes both the economic value of expected lifetime earnings and the intangible value of life experiences, relationships, and enjoyment. A separate estate claim may recover medical expenses, funeral costs, and the decedent’s pain and suffering. Georgia does not cap wrongful death damages. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Georgia? +

Georgia follows a strict priority order for who may file a wrongful death claim. The surviving spouse has the first right to file. If there is no surviving spouse, the children may file. If neither spouse nor children exist, the parents may file. Finally, the estate’s personal representative may file if no eligible family member is available. This answer is informational only and not legal advice.

How long do I have to file a wrongful death lawsuit in Georgia? +

Most Georgia wrongful death lawsuits must be filed within two years of the date of death. However, if there is a criminal case related to the death, the statute of limitations may be tolled, meaning the clock pauses until the criminal matter is resolved. This answer is informational only and not legal advice.