Question 1

Who can file a wrongful death claim in Georgia?

Accepted Answer

Under O.C.G.A. § 51-4-2, the surviving spouse has the primary right to file. If there is no spouse, the minor children may file. If there are no children, the parents may file. The estate may separately pursue pre-death pain and suffering and funeral expenses.

Question 2

What damages are available in a Georgia wrongful death case?

Accepted Answer

Claimants may recover the "full value of the life" of the deceased — both the economic value (income, household services) and the value of life's relationships and experiences. The estate may separately claim funeral expenses and pre-death pain and suffering.

Question 3

What is the statute of limitations for wrongful death in Georgia?

Accepted Answer

Two years from the date of death under O.C.G.A. § 51-4-2, in most cases. Claims against government entities have much shorter notice requirements. Contact Georgia Auto Law immediately to preserve your rights.

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