When someone dies because of another person’s negligence or wrongdoing, Georgia law may allow more than one type of legal claim to be pursued. Two of the most important are a wrongful death claim and an estate claim.
Although these claims may arise from the same accident, they are legally distinct. A wrongful death claim generally seeks compensation for the value of the life that was lost, while an estate claim seeks compensation for certain losses and damages suffered by the deceased person or their estate.
Understanding the difference matters because the claims may be brought by different people and may seek different categories of damages.
Families in Dawsonville and throughout North Georgia who have questions about these claims can speak with a Dawsonville wrongful death attorney at Davies Hothem Injury Law about their legal options.
What Is a Wrongful Death Claim in Georgia?
A wrongful death claim is intended to compensate qualifying surviving family members for the loss of the deceased person’s life.
Under O.C.G.A. § 51-4-2, a surviving spouse generally has the first right to pursue a wrongful death claim for the death of a spouse. If there is no surviving spouse, the deceased person’s children may have the right to bring the claim.
Georgia law allows recovery for what it calls the “full value of the life of the decedent.” This is broader than simply calculating the deceased person’s lost wages.
A wrongful death claim may account for both the economic and intangible value of the life that was lost.
Damages in a Georgia Wrongful Death Claim
Depending on the circumstances, the full value of a person’s life may include factors such as:
- Lost wages and future earning potential
- Lost employment benefits
- The value of services the deceased person would have provided
- The loss of the enjoyment and experiences of life
- Other economic and non-economic components of the person’s life
The wrongful death recovery generally belongs to the statutory beneficiaries rather than to the deceased person’s estate. Georgia law also provides that recovery under O.C.G.A. § 51-4-2 is not subject to the debts or liabilities of the decedent or the estate.
What Is an Estate Claim?
An estate claim is different because it belongs to the deceased person’s estate rather than directly to the surviving family members.
The executor or administrator of the estate generally brings the claim on behalf of the deceased person’s estate.
Under Georgia law, a personal representative may recover certain expenses resulting from the injury and death, including medical, funeral, and other necessary expenses.
An estate may also potentially pursue damages the deceased person could have recovered had they survived, depending on the facts of the case.
For example, if someone suffered serious injuries in a car crash and survived for several days before dying, the estate may potentially seek compensation associated with the injuries suffered before death.
Damages an Estate Claim May Include
Depending on the circumstances, an estate claim may include compensation for:
- Medical expenses incurred before death
- Funeral and burial expenses
- Conscious pain and suffering experienced before death
- Other damages the deceased person could have pursued before dying
The Georgia courts have specifically recognized that a survivor’s wrongful death claim and an estate’s claim involving the deceased person’s pain and suffering are separate causes of action.
Wrongful Death Claim vs. Estate Claim: Key Differences
The simplest way to distinguish these claims is to look at whose losses the lawsuit is intended to address.
| Issue | Wrongful Death Claim | Estate Claim |
|---|---|---|
| Who the claim is for | Eligible surviving family members | The deceased person’s estate |
| Who generally files it | A surviving spouse, children, or another person authorized under Georgia law | The executor, administrator, or other personal representative of the estate |
| What the claim seeks | Compensation for the full value of the deceased person’s life | Compensation for losses and expenses belonging to the deceased person or estate |
| Potential damages | Lost income, lost services, and the intangible value of life | Medical expenses, funeral expenses, conscious pain and suffering, and other estate damages |
| Who receives the recovery | The statutory wrongful death beneficiaries | The estate, subject to applicable Georgia estate and probate rules |
| Can both claims exist? | Yes. A fatal accident may support both claims because each addresses a different category of loss. | |
Because the claims compensate different losses, a family may sometimes be able to pursue both types of claims arising from the same death.
Can a Family File Both a Wrongful Death Claim and an Estate Claim?
Yes. In many Georgia cases, both a wrongful death claim and an estate claim may arise from the same fatal accident.
For example, suppose a Dawsonville driver is seriously injured when another motorist runs a red light. The injured person receives emergency treatment but dies several days later.
That situation could potentially produce two separate claims:
The wrongful death claim could seek compensation for the full value of the person’s life.
The estate claim could potentially seek compensation for medical bills, funeral expenses, and the pain and suffering the person experienced between the crash and their death.
Georgia courts have recognized this distinction because each claim compensates for a different legal injury.
Who Can Bring a Wrongful Death Claim in Georgia?
Georgia law establishes an order of priority for who may pursue certain wrongful death claims.
For the wrongful death of a spouse or parent, the surviving spouse generally has priority. If there is no surviving spouse, the deceased person’s children may pursue the claim.
If there is no family member entitled to bring a wrongful death action under the applicable statutes, Georgia law may permit the administrator or executor of the estate to bring the action for the benefit of the deceased person’s next of kin.
Determining exactly who has standing can become complicated when there are multiple children, divorced parents, blended families, minor children, or disputes concerning the administration of the estate.
Who Can Bring an Estate Claim?
An estate claim is generally brought by the deceased person’s personal representative.
Depending on how the estate is structured, that person may be:
- The executor named in a will
- An administrator appointed by a probate court
- Another legally authorized personal representative
Georgia law specifically authorizes the personal representative to seek certain medical, funeral, and other necessary expenses resulting from the injury and death.
If an estate has not yet been opened, probate proceedings may therefore become an important part of pursuing the claim.
Why the Difference Matters in a Wrongful Death Case
Distinguishing between wrongful death and estate claims is more than a technical legal issue. It can affect:
- Who has the authority to file a lawsuit
- What damages may be recovered
- How settlement proceeds are distributed
- Whether probate proceedings are necessary
- How insurance negotiations are structured
- Which evidence must be preserved and presented
Failing to identify every available claim could potentially leave significant damages unaddressed.
An attorney handling a fatal accident case should therefore examine both the losses suffered by the surviving family and the losses belonging to the deceased person’s estate.
What Types of Accidents Can Lead to Both Claims?
Wrongful death and estate claims may arise after many forms of negligence or misconduct, including:
- Car accidents
- Commercial truck crashes
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Dangerous property conditions
- Defective products
- Nursing home negligence
- Medical negligence
- Workplace or construction-related incidents
The underlying issue is whether another person, company, or organization may be legally responsible for causing the injuries that ultimately resulted in the person’s death.
What Evidence Is Important in a Wrongful Death or Estate Claim?
Building either type of claim may require extensive evidence.
Depending on the case, attorneys may investigate:
- Police or accident reports
- Medical records
- Photographs and video
- Witness testimony
- Vehicle data
- Employment and income records
- Tax returns
- Expert testimony
- Funeral and medical bills
- Evidence concerning the deceased person’s health, career, family life, and expected future
In serious cases, accident reconstruction experts, medical specialists, economists, or vocational experts may also be needed to establish liability or calculate damages.
Preserving evidence quickly can be especially important after commercial truck accidents or other incidents in which businesses control important records or electronic data.
How Long Do You Have to File a Wrongful Death Claim in Georgia?
Deadlines apply to wrongful death and estate claims, and determining the applicable deadline can depend on the circumstances.
Certain events may affect how a limitations period is calculated, including criminal proceedings, probate administration, or other case-specific factors.
Families should therefore avoid assuming they have a particular amount of time based solely on a general statute of limitations.
Speaking with a Georgia wrongful death attorney early can help identify the applicable deadlines and preserve evidence before it disappears.
Speak With a Dawsonville Wrongful Death Attorney
Losing a family member unexpectedly can create difficult legal, financial, and personal questions. Determining whether a wrongful death claim, estate claim, or both may be available is an important part of protecting the family’s legal rights.
At Davies Hothem Injury Law, our attorneys help families investigate fatal accidents, identify responsible parties, determine which claims may be available, and pursue compensation under Georgia law.
If your loved one died because of another person’s negligence in Dawsonville or elsewhere in North Georgia, contact Davies Hothem Injury Law to discuss your case with an experienced Dawsonville wrongful death attorney.