A wrongful death case in Georgia generally involves two related parts.
The wrongful death claim seeks the “full value of the life” of the person who died, as viewed from that person’s perspective. This typically includes economic components, such as expected earnings and benefits, and non-economic components reflecting the intangible value of life.
The estate claim, often pursued through the estate’s representative, can include medical bills related to the final injury, funeral and burial expenses, and pain and suffering experienced before death when supported by evidence.
Who can file matters. In many situations, the surviving spouse has the first right to bring the wrongful death claim, followed by children and then parents. When there is no eligible family member, the estate’s personal representative may pursue the claim for the next of kin. Because exceptions and fact-specific issues can apply, eligibility should be confirmed early so the case is not delayed or challenged on standing.
When evaluating a claim, we examine liability, causation, legally recoverable damages, insurance coverage, and other realistic sources of recovery.