How Wrongful Death Claims Work in Georgia

Losing a loved one unexpectedly is devastating, especially when the death was caused by someone else’s negligence or misconduct. Georgia law gives surviving family members the right to file a wrongful death claim to seek justice and compensation. These cases are governed by strict rules about who can file, what must be proven, and how long you have to act.

This guide covers the key legal facts families need to know before filing a wrongful death lawsuit in Georgia.

The deadline to file a wrongful death claim is usually two years, but exceptions apply

In most cases, Georgia law gives families two years from the date of death to file a wrongful death lawsuit. However, certain situations may pause or shorten this timeframe:

• If the death is tied to a criminal case, the civil deadline is paused until the criminal case ends, for up to six years.

• Claims against government entities have shorter deadlines: six months for city governments, one year for counties, and one year for the state.

• If the estate has not been probated, the deadline may be paused for up to five years.

• If fraud prevented the family from filing, the clock may be extended.

• If the person eligible to file is a minor, the deadline is extended until two years after they turn 18.

• If the at-fault party leaves the state, that time may not count toward the deadline.

Because these rules are strict and can be confusing, families are encouraged to speak with a lawyer as soon as possible to avoid missing their opportunity to file.

Georgia law limits who can file a wrongful death claim

Only certain close family members have the legal right to bring a wrongful death claim in Georgia, in a specific order of priority:

• The surviving spouse has the primary right and must also represent the interests of any surviving children. The spouse is guaranteed at least one-third of any compensation awarded.

• If there is no spouse, the children of the deceased may file, and compensation is typically divided equally.

• If there is no spouse or children, the deceased’s parents may bring a claim.

• If none of the above family members are available, the personal representative of the estate may file the claim, with any recovery held for the next of kin.

Siblings, grandparents, and other relatives do not have a direct right to file unless they are named as the estate’s representative.

Families must prove four legal elements to succeed in a wrongful death case

Wrongful death claims are a type of negligence lawsuit, and four key elements must be proven for the case to succeed:

• Duty of care: The defendant had a legal obligation to act safely or responsibly. This might include driving within traffic laws, maintaining safe property conditions, or providing proper medical care.

• Breach of duty: The defendant failed to meet this obligation through careless or reckless behavior.

• Causation: There must be a direct connection between the defendant’s actions and the death. The death must be both a direct result and a foreseeable consequence.

• Damages: The claim must include financial and personal losses, such as medical bills, funeral costs, lost income, and loss of companionship or guidance.

These cases often require expert analysis, witness testimony, and strong documentation to show the full value of the person’s life and the impact of their loss.

Working with a wrongful death attorney can help protect your case and your peace of mind

Wrongful death cases are complex and emotionally overwhelming. At the same time, insurance companies may be working quickly to reduce their exposure or offer low settlements. Having an attorney on your side ensures that your claim is fully investigated, supported with evidence, and filed on time.

At Schneider Injury Law, we represent families across Georgia in wrongful death cases arising from car crashes, medical mistakes, workplace incidents, and other preventable tragedies. We understand how sensitive these cases are and work with compassion and determination to get answers and fair compensation for grieving families.

Contact Schneider Injury Law to schedule your free consultation

If you have lost a loved one due to someone else’s negligence, you have the right to seek justice. Reach out to Schneider Injury Law to schedule a free consultation. We will answer your questions, review your case, and explain your options. You do not pay any legal fees unless we recover compensation for you.