Losing a loved one unexpectedly is one of the most painful experiences a family can endure. When a death is caused by another person’s negligence or intentional misconduct, the loss is not only emotional but also financial. In these situations, families may have the right to pursue a wrongful death claim under Georgia law. Understanding what wrongful death damages are available in Georgia is crucial for families seeking justice and financial relief.
What Is a Wrongful Death Claim in Georgia?
Georgia law defines a wrongful death as the death of a person caused by a crime, negligence, or a defectively manufactured product (Georgia Code Title 51, Chapter 4). In other words, if a person dies due to the fault of another party—whether through a car accident, medical malpractice, or even an intentional act—their surviving family members may be entitled to file a wrongful death lawsuit.
As explained by Nolo’s Georgia wrongful death overview, these claims are distinct from “survival actions,” which focus on the pain and suffering or financial costs the deceased experienced before death. Wrongful death damages are instead centered on the losses suffered by surviving family members.
Who Can File a Wrongful Death Claim?
Not everyone is legally eligible to file a wrongful death lawsuit in Georgia. The law sets forth a strict order of priority:
- The surviving spouse has the first right to file.
- If there is no surviving spouse, the right passes to surviving children.
- If no spouse or children survive, the deceased’s parents may file.
- If none of the above are alive, the executor of the estate may bring the claim on behalf of the deceased’s next of kin.
This structure ensures that damages benefit the individuals most closely tied to the deceased.
What Types of Georgia Wrongful Death Damages Are Available in a Case?
Georgia law divides wrongful death damages into two primary categories: compensation for the full value of the life of the decedent and compensation for expenses incurred by the estate.
The Full Value of Life
This is the central element of wrongful death damages in Georgia. The law directs courts and juries to consider both economic and intangible contributions of the deceased:
- Economic Value: Lost wages, benefits, and services the deceased would have reasonably provided if they had lived.
- Intangible Value: The care, companionship, guidance, and love the deceased would have offered their family.
Importantly, Georgia law emphasizes that wrongful death damages are not about the survivors’ grief, but rather about the measurable value of the deceased person’s life from their own perspective.
Estate-Related Damages
The deceased person’s estate may also recover damages for expenses directly tied to the death. These include:
- Medical bills related to the final injury or illness
- Funeral and burial costs
- Other necessary expenses related to the death
These damages ensure that the financial burden of a wrongful death does not further harm the surviving family.
How Are Damages Calculated in Georgia?
Calculating wrongful death damages can be complex. Courts consider factors such as the deceased’s age, health, occupation, and expected lifetime earnings. Expert testimony—such as from economists—may be used to project future wages, retirement benefits, and the value of household contributions like childcare or caregiving.
Intangible losses, such as the value of companionship, are more difficult to quantify but are equally important. Georgia courts allow juries to weigh these factors carefully to arrive at a fair measure of damages.
Statute of Limitations for Wrongful Death Damages
Under Georgia law, wrongful death claims must generally be filed within two years of the person’s death. Certain exceptions exist, such as when a related criminal case is ongoing, which may pause the statute of limitations for up to six years (Nolo). Because deadlines are strict, families should act promptly to preserve their legal rights.
Why Legal Representation Matters
Wrongful death lawsuits are often emotionally charged and legally complex. Families must not only prove liability but also attach an accurate value to both economic and non-economic damages. An experienced attorney can gather evidence, consult experts, and build a compelling case to ensure families receive maximum compensation.
At Davies Hothem Injury Law, our Gainesville wrongful death lawyers have decades of combined experience handling these sensitive cases. We understand the financial and emotional toll of losing a loved one and fight tirelessly to secure justice and compensation for grieving families across Georgia.
Types of Wrongful Death Cases We Handle
Wrongful death damages may be sought in many circumstances, including:
- Car, truck, and motorcycle accidents
- Bicycle and pedestrian accidents
- Medical malpractice
- Defective products
- Intentional criminal acts
Each case is unique, but the goal remains the same: to hold negligent or reckless parties accountable and to provide financial support for surviving families.
Take the Next Step
If you have lost a loved one due to negligence or misconduct, pursuing a wrongful death claim may feel overwhelming. Yet, obtaining compensation for medical costs, funeral expenses, and the full value of your loved one’s life can ease financial burdens and bring accountability.
The compassionate team at Davies Hothem Injury Law is here to guide you through this difficult time with knowledge, skill, and care. Contact us today to discuss your case and learn how we can help your family move forward.
About Davies Hothem Injury Law
Davies Hothem Injury Law was founded by Kristy Davies and Jennifer Hothem with a mission to serve families in Georgia with compassion and strength. Partner Dustin Davies later joined the firm, bringing additional trial experience and dedication. Together, they have handled over 100 trials and secured more than $150 million in jury verdicts. Their commitment extends beyond the courtroom, as they also support women, children, and veterans in the community.