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Last Modified on Jul 23, 2026
The tragic and sudden passing of a loved one is one of the most horrible, overwhelming, and devastating tragedies a family in Georgia can go through. While no amount of money will bring your family member back to you, wrongful death damages in Georgia may help ease some of the financial burden that accompanies their passing.
If your loved one has died because of another party’s negligence or reckless behavior, Pleasant Law, PLLC, is here to help.
Common Causes of Wrongful Death in Georgia
In a single year, the United States witnessed over 197,449 cases of preventable injuries that resulted in death. Before determining what damages can be recovered, it is important to understand the exact cause of your loved one’s death. Doing so can help your attorney calculate the full amount of compensation your claim is worth. In Georgia, wrongful death cases can be caused by the following:
- Vehicle accidents. In 2023, a total of 40,901 people perished in motor vehicle accidents across the United States. These fatal accidents are typically caused by impaired driving, fatigue, speeding, distractions like texting or eating and drinking, and other forms of reckless behavior, like tailgating or extreme road rage.
- Medical malpractice. When you and your loved one place your trust in medical professionals and that trust is betrayed, your family deserves answers. If a loved one dies due to a surgical error, medication error, or a delayed diagnosis, you may be entitled to recover compensation. According to a recent study, 23% of patients experienced some kind of diagnostic error.
- Nursing home negligence. Elderly family members rely on nursing home staff to care for their daily needs and provide basic medical care. Neglect, abuse, or unnecessary restraint can all lead to tragic deaths.
Who Can File a Wrongful Death Claim?
In Georgia, when a loved one dies due to the negligent or reckless acts of another party, there are only a limited number of surviving parties who may be able to recover compensation. There is a strict hierarchy that must be followed when identifying these potential parties. This includes:
- The primary party allowed to bring forward a wrongful death claim is any surviving spouse, who can also act as a representative for any minor children left behind.
- In cases where there is no surviving spouse, the right to file a claim passes to any of the deceased’s surviving children.
- When there are no children or spouse, the surviving parents of the deceased are legally allowed to file a claim for compensation.
- In cases where there are no immediate surviving family members, the administrator of the deceased individual’s estate is allowed to bring forward a wrongful death claim on behalf of the deceased’s next of kin.
Damages Available in a Wrongful Death Claim in Georgia
In Georgia, the surviving family members may be able to recover a number of damages when a loved one is lost due to an act of negligence or reckless behavior. Depending on the cause of the accident and the damages that were suffered prior to your loved one’s death, these damages can include:
- Economic damages. These damages work to cover the financial losses suffered due to your loved one’s death. They might include any medical costs that were incurred prior to the passing, lost wages or future earnings, lost employment benefits like health insurance or pensions, and any lost services that the deceased provided to the family, like childcare or household maintenance.
- Non-economic damages. These damages are considered intangible, meaning they do not come with a set monetary value. These damages can include loss of the enjoyment of life, companionship, or care suffered by the surviving family members, and loss of relationships.
- Punitive damages. In rare cases, when it is deemed that the actions of the at-fault party were particularly egregious or grossly negligent, the surviving family members may be awarded punitive damages. These damages are rarely awarded and are only awarded in order to punish the liable party.
FAQs
What Factors Can Influence the Worth of a Wrongful Death Claim in Georgia?
In Georgia, there are a number of factors that can influence the worth of your wrongful death claim. These factors include the age and earning capacity of your deceased loved one, the degree of negligence or reckless conduct that was involved in your loved one’s death, the strength of evidence that can support your claim, and the limitations of the insurance coverage carried by the liable party.
Why Should I Hire a Wrongful Death Lawyer?
Hiring a dedicated wrongful death lawyer can make all the difference when it comes to recovering the full and fair amount of compensation your family deserves. Your lawyer is here to secure evidence quickly, speak with the involved parties on your behalf, protect you from any scare or avoidance tactics used by the involved insurance companies, and can take your case to court if need be.
How Can I Prove a Wrongful Death Claim in Georgia?
In Georgia, in order to prove a wrongful death claim, you must establish the four elements of negligence and their presence in your case. First, you must show that the negligent party owed your loved one a duty of care. Second, that the liable party, through an act of negligence or recklessness, breached this duty. Third, that the breach of duty was directly linked to the death, and fourth, that the death caused the family to suffer a certain loss.
Who Is Not Allowed to File a Wrongful Death Claim in GA?
In Georgia, there are a number of parties who may not be legally allowed to file a wrongful death claim, as the law does not extend to them. These parties typically include cousins, siblings, aunts and uncles, or grandparents, along with other distant relatives. In order to determine if you are legally allowed to file, it is crucial to contact an attorney.
Hire a Wrongful Death Lawyer Today
When the time comes to hire a wrongful death lawyer in Georgia, Pleasant Law, PLLC, is here for you. Contact us today to learn more and schedule a consultation with our attorneys.
