Short answer: Georgia law sets a strict order. The surviving spouse files first (and must share with the children). If there is no spouse, the children file. If there is no spouse or child, the parents file. If none of them survive, the administrator or executor of the estate files on behalf of the next of kin. The estate can also bring separate claims for medical and funeral expenses and for the person's pain and suffering before death. Both claims generally must be filed within two years of the death.
The order of who can file
Georgia's Wrongful Death Act (O.C.G.A. § 51-4-1 and following) decides who has the right to bring the claim:
- Surviving spouse. The spouse brings the claim for themselves and any children. Georgia law guarantees the spouse at least one-third of the recovery, shared with the children.
- Children. If there is no surviving spouse, the deceased person's children bring the claim together.
- Parents. If there is no spouse or child, the parents may bring the claim. Parents can also bring a claim for an unborn child once a heartbeat was detectable.
- Estate representative. If none of the above survive, the administrator or executor of the estate files, and any recovery goes to the next of kin.
Siblings, grandparents, and other relatives generally cannot bring the wrongful death claim themselves.
What a Georgia wrongful death claim covers
Georgia measures wrongful death damages by the "full value of the life of the decedent" (O.C.G.A. § 51-4-1), which Georgia courts view from the perspective of the person who died. That has two parts:
- Economic value: the income and benefits the person would have earned over their lifetime.
- Intangible value: the value of their life itself, including their relationships, experiences, and the things they would have enjoyed.
This is different from many states, which measure the family's loss instead.
The separate estate claim
The estate can bring its own claims, through the administrator or executor, for:
- Medical bills from the injury to death
- Funeral and burial expenses
- The person's conscious pain and suffering before death
In many cases both claims are pursued together.
How long do families have to file?
Generally two years from the date of death. Some exceptions can pause the deadline, for example while a related criminal case (such as a DUI or vehicular homicide charge) is pending, or for up to five years if no estate has been opened. If a government vehicle or agency was involved, a written notice may be due within six to 12 months. See How long do you have to file a personal injury claim in Georgia?
Common causes of wrongful death cases in Atlanta
We represent families after deaths caused by:
- Car accidents and 18-wheeler crashes
- Motorcycle and bicycle crashes
- Uber and Lyft accidents
- Apartment shootings and negligent security
What families can do now
- Keep the police or crash report number and any letters from insurers.
- Don't give recorded statements to the at-fault party's insurer.
- Keep records of medical and funeral bills.
- Talk to a lawyer about whether an estate needs to be opened. The estate claim requires an administrator or executor.
Frequently asked questions
Who can file a wrongful death lawsuit in Georgia?
The surviving spouse first, then the children, then the parents. If none survive, the estate's administrator or executor files for the next of kin.
Can a sibling file a wrongful death claim in Georgia?
Generally no. Siblings don't have the right to bring the wrongful death claim directly, though they may benefit if the estate representative files on behalf of the next of kin.
How much of a wrongful death recovery does the spouse get in Georgia?
The spouse shares the recovery with the children, but Georgia law guarantees the spouse at least one-third.
What is the deadline for a wrongful death lawsuit in Georgia?
Generally two years from the date of death, with some exceptions.
Does it cost anything to talk to a wrongful death lawyer?
At Leeds Law Firm the consultation is free, and wrongful death cases are handled on contingency: no fee unless we recover money for the family.
Talk to an Atlanta wrongful death lawyer
We know this is the hardest time a family can face. Call Leeds Law Firm's Atlanta office at (678) 509-6133, 24/7, or contact us. The consultation is free, and hablamos español. Learn more about our Atlanta wrongful death practice. ## Sources
- O.C.G.A. § 51-4-1: definitions, "full value of the life"
- O.C.G.A. § 51-4-2: spouse and children
- O.C.G.A. § 51-4-5: estate representative and estate claims
- O.C.G.A. § 19-7-1: parents' wrongful death claims
- O.C.G.A. § 9-3-33: two-year deadline
This article is general information, not legal advice. Reading it or contacting the firm does not create an attorney-client relationship.
