Two claims, not one
Georgia recognizes a wrongful death claim, brought by the spouse, children or parents for the “full value of the life” of the person who died, measured both economically and in the intangible value of their life to them. Separately, the estate can bring a survival claim for the person’s own pain and suffering before death, medical expenses and funeral costs. Which family members can bring the claim, and in what order, is set by statute (O.C.G.A. 51-4-2 to 51-4-5).
When there is also a criminal case
Fatal DUIs, vehicular homicide and killings often produce a criminal prosecution and a civil claim at the same time. A lawyer who has prosecuted those cases understands how the criminal evidence, the restitution order and the timing of a plea affect the civil recovery, and how to protect the family’s interests in both.
Common questions
Who can file a wrongful death claim in Georgia?
The surviving spouse first, who shares the recovery with any children. If there is no spouse, the children; if no children, the parents; and if none of those, the administrator of the estate on behalf of the next of kin.
How long do we have to file?
Generally two years from the date of death, though the clock can pause while a criminal prosecution for the same death is pending, up to six years. Do not rely on that pause without advice.
What damages are available?
The full value of the life of the deceased, which includes lost earnings and benefits over a lifetime and the non-economic value of the life itself, plus, through the estate, funeral expenses, medical bills and the person’s conscious pain and suffering.
Can we bring a claim if the driver was charged criminally?
Yes. The civil claim is separate, has a lower burden of proof, and can proceed whether or not the criminal case results in a conviction.
This page is general information about Georgia law and is not legal advice about your case. Prior results do not guarantee a similar outcome. Every case is different.