How Do Wrongful Death Lawsuits Work in Georgia?

Let’s say that you are injured in a car accident caused by a negligent driver. Under Georgia common law, you have the right to file a personal injury lawsuit against that driver. Through such a lawsuit you can recover financial compensation, referred to in the law as damages, for your economic and non-economic losses arising from the accident.

But what happens when someone is killed in a car accident? A deceased person no longer has common law standing to file a personal injury lawsuit. In that scenario, it is possible to file a wrongful death lawsuit against the responsible parties.

Who Can File a Georgia Wrongful Death Lawsuit?

The right to file a wrongful death lawsuit is created by statute as opposed to common law. Under Georgia’s current wrongful death statute, the surviving spouse, or their children if there is no surviving spouse, typically has the right to file a wrongful death lawsuit. In the absence of any surviving spouse or children, that right falls to either the parents of the victim or the personal representative (executor) of the victim’s estate.

Who Can Be Sued for Wrongful Death in Georgia?

Generally, any person or legal entity can be sued for wrongful death. There are special rules applicable to certain potential defendants, however, notably government entities. But essentially, anyone whom the victim could have filed a personal injury lawsuit against had they lived can also be named in a wrongful death claim.

What Is the Standard of Proof in a Georgia Wrongful Death Case?

As with any personal injury or other kind of civil lawsuits in Georgia, wrongful death claims require the plaintiff (the person seeking damages) to prove that the defendant negligently or intentionally caused the victim’s death by a “preponderance of the evidence.” In simple terms, the plaintiff must convince a judge or jury that it was “more likely than not” that the defendant killed the victim.

What Damages Are Available in a Georgia Wrongful Death Case?

Georgia’s wrongful death statute measures damages based on the “full value of the life of the decedent.” This requires estimating how much the victim would have earned had they continued to live a normal lifespan. It can also account for the value of any work the victim provided to their family and household. In most cases, these damages are divided between the victim’s children and surviving spouse. The victim’s estate may also receive compensation for any expenses arising from the victim’s injury and death, including their final medical expenses and funeral or burial costs.

Contact an Atlanta Wrongful Death Attorney

Fatal accidents do not just happen. They are often the result of reckless or intentional conduct that wrongfully ended the life of the victim. The surviving family members have the right under Georgia to demand compensation for this loss. If you have recently lost someone and need to speak with an experienced Atlanta wrongful death lawyer, contact Morain & Buckelew, LLC, today at (404) 448-3146 to schedule a free consultation.