Wrongful Death in Georgia

Wrongful death is the an action for the death of a human caused by negligence or criminal destruction.

Georgia recognizes two separate types of claims in a wrongful death action. One is the claim filed by the family member(s) to recover the “full value of the life of the decedent”. This would include tangibles such as lost wages and value for services and intangibles such as loss of companionship and enjoyment of life. The second claim is the estate claim which are aimed at addressing the decedent’s own losses and include medical bills associated with the cause of death, funeral expenses, pain and suffering prior to death, and shock and terror experienced prior to death. There can also be punitive damages claim.

The statute of limitations is 2 years from the date of death, regardless of when the cause of death is discovered, with certain exceptions. Potential exceptions include, but are not limited to, the following: (1) death caused by a criminal charge, (O.C.G.A. §9-3-99); (2) incompetency (O.C.G.A. §9-3-90); and (3) the estate claim statute may be tolled if the decedent’s estate is unrepresented (O.C.G.A. §9-3-92). A shorter deadline may apply if the claim is against a governmental agency/entity.