A Complete Guide to Wrongful Death Laws in Georgia

Georgia law states that when a human being dies due to the negligent, reckless, or intentional acts of another party, their dependents and family may be entitled to compensation through a wrongful death claim.

These laws exist to help families and dependents recover compensation that they may have lost due to the passing of their loved ones. For a claim to result in maximum compensation, it must come with strong evidence and a clear demonstration of the financial and emotional losses caused by the death.

Attorneys at Thompson Law can provide the compassionate support and legal expertise that may make navigating the wrongful death claim process more approachable and successful. Below, we explore all that you need to know about wrongful death laws in Georgia, including how you can take action in the case of a wrongful death.

What Is “Wrongful Death” in Georgia?

In Georgia, a wrongful death occurs when a person dies due to the negligent, reckless, intentional, or criminal actions of another party. Wrongful death claims are a type of civil lawsuit that aims to seek compensation for surviving family members or dependents.

Wrongful death cases are not the same thing as criminal cases, where criminal penalties are imposed on the defendant to punish them for their actions. Instead, wrongful death claims attempt to compensate families and dependents for the losses they may experience due to the death.

Common examples of wrongful death cases include:

• Car accidents caused by distracted or drunk drivers
• Medical malpractice, such as misdiagnoses or surgical errors that lead to death
• Workplace accidents caused by unsafe conditions or faulty equipment
• Defective products causing fatal injuries

Another key distinction between a wrongful death case – a type of civil case – and criminal homicide cases is their burden of proof. In a wrongful death case, the standard of proof is known as preponderance of the evidence, which means that it must be established that it is more likely than not that the defendant’s actions caused the death.

In criminal homicide cases, such as murder or manslaughter, the burden of proof is much higher. These cases are prosecuted by the state, which must prove the defendant’s guilt beyond a reasonable doubt. Because a person’s liberty is at stake in a criminal case, prosecutors must work to meet a higher burden of proof.

Because criminal and civil cases are separate, a person can face a criminal trial and wrongful death lawsuit at the same time for the same act.

Who Can File a Georgia Wrongful Death Lawsuit?

Georgia law clearly identifies who can file a wrongful death lawsuit and recover damages. According to O.C.G.A. § 51-4-2, a surviving spouse or child(ren) may recover the full value of the life of the decedent, as shown by the evidence, in the case of a wrongful death. The parent of a deceased child may also be able to recover damages.

The full value of the life of the decedent, as shown by the evidence, represents the value of the decedent’s life without deducting any of the necessary expenses they would have had if they lived. In other words, it represents how much value the decedent could have brought to their dependents had they not passed away. For example, the absence of a deceased parent who was the breadwinner for their family could make it difficult for their spouse and children to continue paying for household expenses. The law attempts to quantify this as a monetary value that the survivors may recover in a wrongful death suit.

But what if a decedent has no surviving spouse or children? O.C.G.A. § 51-4-5 states that in the absence of these types of dependents, the administrator or executor of the decedent can bring an action for and recover damages for the benefit of the next of kin.

So, to summarize, the following parties may have legal standing to bring a wrongful death claim in Georgia:

• Immediate family members, such as surviving spouses, children, and parents
• Financial dependents
• Administrators, executors, and other approved heirs or representatives

When Is a Wrongdoer Liable for the Death?

In a wrongful death claim, liability must be established. It determines whether another party’s actions were responsible for causing a fatality. However, actions do not have to be intentional for a defendant to be held liable for them.

A wrongdoer may be considered liable for the death of someone else in situations that involve their negligence, recklessness, or intentional actions.

• Negligence. This means that the wrongdoer failed to exercise reasonable care, which led to the death of the decedent.
• Recklessness. This means the wrongdoer acted with extreme disregard for the safety of others.
• Intentional acts. These describe situations where the wrongdoer deliberately causes harm, leading to death.

Even if a wrongdoer is not convicted of a crime in a criminal case, they may still be civilly liable for wrongful death due to its lower burden of proof.

Examples of Liability

There are many ways that negligence, recklessness, and intentional actions can lead to the death of a human being. Below are a few common examples of actions that often lead to wrongful death claims:

• Negligence: A manufacturer produces a defective product – a faulty airbag that fails to deploy in a crash – leading to the death of the driver.
• Recklessness: An employer at a construction site knowingly disregards safety protocols, resulting in the death of a worker.
• Intentional Acts: A defendant physically assaults the decedent with the intent to cause harm, causing injuries that lead to death.

Any of these instances can lead to a wrongful death claim, which may allow the victim’s family to seek compensation for financial and emotional losses.

Proving Negligence

Proving that a party was negligent in a wrongful death case requires proving four key elements: duty, breach, causation, and damages.

1. Duty of Care: The plaintiff must show that the defendant owed them a duty of care. Here, this requires that the defendant would have acted reasonably to prevent harm to the decedent.
2. Breach of Duty: The plaintiff must demonstrate that the defendant breached that duty of care.
3. Causation: There must be clear evidence that this breach directly caused the incident that led to death.
4. Damages: The plaintiff must be able to measure, quantify, or identify damages that resulted from the death.

Damages Recoverable in a Georgia Wrongful Death Claim

There are two main types of damages that are potentially recoverable in a Georgia wrongful death claim: compensatory damages and punitive damages.

Compensatory damages are meant to compensate the family or dependents of the decedent for their losses. Georgia has no cap on compensatory damages that dependents can recover.

We can further break compensatory damages down into two categories: economic and non-economic. Economic damages represent tangible financial losses such as easily-calculable medical bills. Non-economic represent intangible damages, like emotional pain.

Some common examples of economic damages include:

• Lost wages and benefits. This includes compensation for the income the deceased would have earned over time had they lived.
• Medical expenses. This may include the cost of medical treatment before death, if applicable.
• Funeral and burial costs. This covers the expenses related to the decedent’s funeral.
• Loss of financial support. This may include the loss of benefits, retirement savings, or other financial contributions the deceased would have provided.

Meanwhile, common examples of non-economic damages include:

• Pain and suffering. This represents the emotional distress the deceased’s loved ones experienced due to the death.
• Loss of companionship. This covers the emotional impact of losing a spouse, parent, or child.
• Loss of care and guidance. These damages are meant to make up for the absence of parental guidance and support for children.

In some cases, punitive damages may also be awarded. Punitive damages are not the same as compensatory damages – they’re not meant to compensate the family for their losses. Instead, they aim to punish the defendant for their gross negligence or intentional misconduct. Punitive damages also seek to deter similar behavior in the future.

Punitive damages are typically only awarded in extreme cases, like drunk driving fatalities or cases of intentional harm. They require clear evidence of extreme misconduct and are, therefore, not common in wrongful death cases.

Loss of Expected Earnings in a Georgia Wrongful Death Claim

Georgia courts calculate loss of expected earnings in wrongful death claims by estimating the income the deceased would have provided throughout their lifetime had they lived. The amount is adjusted based on many factors, particularly the financial dependency of surviving family members.

Below are some of the key factors that may be considered when calculating lost earnings:

• Age and health of the deceased
• The career trajectory of the deceased
• Work history and earning capacity
• Inflation and economic trends (future value of the dollar and its purchasing power)
• Life expectancy and retirement age of the decedent
• Financial dependency of the survivors: if the deceased was a primary provider, this may also include future financial support for dependents

Courts might also use expert testimony to ensure their calculations are accurate. The goal is to determine how much is necessary to help families achieve the financial stability they have lost due to the wrongful death.

Georgia Wrongful Death Statute of Limitations

In Georgia, the statute of limitations for a wrongful death claim is two years after the incident causing the death occurs. Plaintiffs looking to file a claim must do so within this two-year timeline, or their cases may be dismissed. There are, however, some potential exceptions to this rule, including:

• Cases involving the delayed discovery of negligence. The discovery rule allows the statute of limitations to pause until the cause of death is discovered or reasonably should have been discovered.
• Claims against government officials, which typically require shorter timelines (one year).

How Thompson Law Can Help

Navigating the evidence and legal proceedings involved in a wrongful death case can be difficult, especially given the emotional impact that processing an unexpected death can carry. Consulting an attorney like those at Thompson Law can help you prove liability and secure maximum compensation in the case of a wrongful death.

Our years of expertise and client-focused approach allow us to help families get the compensation they deserve.

We can work with you to understand the intricacies of your case and file a claim that helps you recover the damages that you may be entitled to. Plus, with our contingency fee model, you won’t pay for our services unless we recover damages for you.

Contact Thompson Law Today

If your loved one has been involved in an incident resulting in their wrongful death, you deserve to feel empowered to take action.

Don’t wait to take the first step – acting quickly can help you protect your legal rights and maximize the compensation you recover. Contact Thompson Law today to get started with a free consultation.