Not every loss leads to a legal claim. But when a death occurs because someone failed to act responsibly, Georgia law allows surviving family members to seek accountability through a wrongful death claim.
A wrongful death case is not about punishment. It is a civil process focused on responsibility, recognition of loss, and financial recovery for those left behind. If the person who passed away would have had the right to file a personal injury lawsuit had they survived, their family may have the right to act on their behalf.
At Prine Law Group, we work with families throughout Macon and Middle Georgia who never expected to be speaking with a lawyer. Our role is to explain what the law allows, what it requires, and what steps matter next, without overwhelming people during an already difficult time.
What Wrongful Death Means Under Georgia Law
Under Georgia law, a wrongful death occurs when a person dies because of another party’s negligent, reckless, or intentional actions. The focus is not simply that someone passed away, but whether the death likely could have been avoided if reasonable care had been taken.
In most cases, the legal standard is negligence. This means showing that someone owed a duty of care, failed to meet that duty, and caused a death as a result. The conduct does not need to be intentional. It only needs to be unreasonable under the circumstances.
Common situations where wrongful death claims may arise include:
- A driver running a red light and causing a fatal collision
- A property owner ignoring a known safety hazard
- A nursing home or care facility failing to properly monitor a resident
- A workplace with clear and documented safety violations
- A medical provider missing a condition that should have been identified
Each case ultimately comes down to one central question: was this death preventable?
Wrongful Death Cases and Criminal Charges Are Separate
A wrongful death claim is a civil case. It is separate from any criminal charges that may arise from the same incident, such as DUI, vehicular homicide, or manslaughter.
A criminal case focuses on punishment. A civil wrongful death case focuses on accountability and compensation for the family. These cases may proceed at the same time, or only one may move forward. The outcome of one does not control the outcome of the other.
Families do not need to wait for a criminal case to end before exploring a wrongful death claim.
Who Has the Legal Right to File a Wrongful Death Claim in Georgia
Georgia law sets a specific order for who may file a wrongful death claim:
- The surviving spouse
- The surviving children, if there is no spouse
- The parents of the deceased, if there is no spouse or children
- The personal representative of the estate, if none of the above exist
In families with blended relationships, adult children, or multiple generations, determining legal standing can become complicated. Filing under the wrong party can delay or jeopardize a case. This is one reason early legal guidance matters.
What Types of Losses Can Be Recovered
Georgia recognizes two primary categories of recovery in wrongful death cases.
Full Value of the Person’s Life
This includes both economic and non-economic components. It considers lost income and benefits, as well as the value of the person’s time, relationships, and role in family and community life.
Expenses Related to the Death
These may include medical treatment prior to death, funeral and burial expenses, and compensation for pain and suffering experienced before the person passed away.
Each case is evaluated individually. A retired grandparent and a young working parent present very different claims, but both deserve careful and thorough evaluation.
How Long Families Have to Take Legal Action
In most situations, Georgia law provides two years from the date of death to file a wrongful death claim. Missing this deadline often means the case cannot be filed at all.
There are limited exceptions. If a related criminal case is pending, or if the estate has not yet gone through probate, the deadline may pause temporarily. These exceptions are technical and should never be assumed without legal review.
If you are unsure how much time remains, it is better to ask sooner rather than later.
Evidence Required in a Wrongful Death Case
Even when responsibility feels obvious, a civil claim still requires proof. This includes evidence of how the death occurred and how it affected surviving family members.
Common forms of evidence include:
- Medical records and hospital documentation
- Autopsy or coroner reports
- Police or incident reports
- Witness statements
- Testimony from professionals in fields such as medicine, safety, or economics
While the legal process cannot measure grief, it can recognize impact when the evidence is properly presented.
Why Working With a Local Georgia Attorney Matters
Wrongful death cases are filed in Georgia civil courts, often in venues such as Bibb County Superior Court. Local knowledge matters for procedure, timing, and expectations.
Working with a local attorney also means having someone accessible when questions arise or circumstances change. Our office understands both the legal requirements of wrongful death cases and the emotional weight families carry throughout the process.
We Are Here When You Are Ready
There is no single right moment to contact a lawyer. Some families call within days. Others wait months. What matters is having accurate information when questions begin to surface.
If you are wondering whether something could have been done differently, and whether that may matter legally, a conversation can provide clarity.
📞 Call Prine Law Group at (478) 257-6333 or contact us online. Consultations are confidential and free of charge.
What Families in Georgia Should Know Before Filing a Wrongful Death Claim
1. How do I know if this qualifies as a wrongful death under Georgia law?
If the person died because of another party’s actions or failure to act, and would have had a valid personal injury claim had they survived, the case may qualify as wrongful death.
2. How soon should evidence be collected?
As early as possible. Witnesses relocate, surveillance footage is overwritten, and memories fade. Early preservation strengthens the case.
3. Does the cause of death affect how the case is handled?
Yes. Medical cases, vehicle collisions, and workplace incidents each require different investigation strategies and expert review.
4. What if there is an active criminal case?
You do not need to wait. Civil and criminal cases proceed independently and often overlap.
5. Can multiple family members file separate claims?
No. Georgia law allows only one wrongful death claim. Eligible family members are included within that single case.
6. Will the case be public?
Settlements reached outside of court can remain private. Trials generally become part of the public record unless sealed by the court.
7. How do courts evaluate non-financial harm?
Courts consider relationships, shared experiences, and the role the person played in family and community life. There is no fixed formula. Each case is evaluated on its own facts.