When death occurs prematurely because of another person's or company's negligence, the pain can be unbearable. Georgia's wrongful death statute allows certain family members to bring a claim for the death of their loved one.
Georgia measures that claim by the full value of the life of the person who died, from their perspective. Most families are never told this, and insurers rarely volunteer it.
Who Can File a Wrongful Death Claim in Georgia?
Georgia sets a specific order, and only one wrongful death claim exists. It is brought on behalf of everyone entitled to share in it.
If you are unsure who should file, talk to us before anything is filed. Resolving it early prevents disputes later, and there is no cost to ask.
Call (678) 935-6000What Full Value of the Life Means in Georgia
Georgia measures a wrongful death claim by the full value of the life of the person who died, from their perspective rather than the family's financial loss. That is more favorable to families than the rule in many other states.
What the person would reasonably have earned over their remaining lifetime, including benefits and the services they provided to the household.
Everything else that made the life worth living: relationships, experiences, the ordinary satisfactions of being alive. Georgia does not require the family to reduce this to a formula. A jury decides it.
A claim for a retired grandparent, a stay-at-home parent, or a child is not a small claim under Georgia law. Insurers sometimes rely on families not knowing that.
Most wrongful death claims settle with the insurance company without the family ever testifying or stepping into a courtroom.
Who Actually Pays a Wrongful Death Claim
A claim is usually made against an insurance policy rather than against a person individually. Which policy depends entirely on how the death occurred.
| Cause of death | Likely source |
|---|---|
| A car crash | The at-fault driver's liability policy, plus your family's UM coverage |
| A commercial truck | The motor carrier's policy, typically $750,000 or more |
| A drunk driver | The driver's policy, your UM coverage, and possibly a dram shop claim against the bar |
| A medical error | The provider's or hospital's malpractice coverage |
| An unsafe property or shooting | The owner's and management company's liability policies, often separate |
| A workplace incident | Workers' compensation, plus any third-party claim outside the employer |
What Determines the Value of the Claim
Both parts of the full value of the life are developed with evidence, not estimated.
The Evidence That Supports a Wrongful Death Claim
Families are least able to gather evidence at exactly the moment it matters most. That is our job.
| Evidence | What it proves | How long you have |
|---|---|---|
| Scene evidence and reconstruction | How the death occurred and who is responsible | Hours to days. Our response team is available 24 hours a day. |
| Autopsy and medical examiner findings | Cause of death and the sequence of events | Weeks. Request early. |
| Medical records from final treatment | Conscious pain and suffering for the estate claim | Obtain before records are archived |
| Employment and earnings records | The economic value of the life | Employers purge records over time |
| Witness statements | What happened, independent of the defendant | Memories fade quickly |
| Probate documentation | Who has authority to bring the estate claim | Start early, not at the deadline |
The deadline is generally two years from the date of death. It can be paused while a related criminal prosecution is pending under O.C.G.A. § 9-3-99, but that tolling is limited and should never be relied on without legal advice.
"Our team has sat with families who have lost spouses, fathers, mothers, and children. We take the time to answer every question, because we know how difficult the healing process can be."
R. Michael Coker
What the Other Side Will Argue
Few firms in the area can show the wrongful death record ours can. These are the arguments we see most:
Georgia's comparative negligence rule applies here too, and recovery is barred at 50%. The person who could answer the allegation is gone, which is exactly why they make it.
Standing disputes, raised by the defense or arising within a family. Resolving who files before anything is filed prevents this.
Minimizing the intangible part, particularly where the person was retired, very young, or not employed outside the home.
Arguing the death would have occurred anyway, or sooner than life expectancy tables suggest.
Often made before the family has spoken to a lawyer, and almost always far below the full value of the life.
Sadly, we see families accept settlements substantially less than they deserved because they chose an inexperienced lawyer, or no lawyer at all.
How a Wrongful Death Claim Proceeds
If minor children receive a settlement, Georgia courts typically place the funds in a trust, investment account, or annuity for their benefit, which they can withdraw at 18, or later if the representative chooses.
An estranged family member may not qualify for a share. A spouse who was separated at the time of death, or a child or parent who abandoned or abused the person who died, can have their rights to the claim reduced or terminated. If the family situation is complicated, get guidance before anything is filed.
Coker Accident Lawyers represents families across Gwinnett County and Barrow County, from offices in Lawrenceville, Mulberry, and Winder. Wrongful death claims arise from car accidents, truck accidents, drunk drivers, medical errors, and negligent security.
