Practice Areas

Wrongful Death & Survival Claims in Georgia

Serious injuries and cases involving the loss of a loved one.

Artificial white flowers with green leaves arranged on a polished granite gravestone.

What Families Need to Know After Losing a Loved One

Losing a loved one because of someone else’s negligence is devastating. While no legal action can undo that loss, Georgia law allows families to pursue justice through two types of claims:

Wrongful Death Claims
Survival (Estate) Claims

These claims serve different purposes and can often be pursued together. At Ducos Law, we help families understand their rights and fight to recover everything the law allows.

What Is a Wrongful Death Claim in Georgia?

A wrongful death claim focuses on the value of the life of the person who passed away.
This is not about medical bills or expenses. Instead, it’s about the full value of that person’s life—both economically and personally.

Who Can File a Wrongful Death Claim?

Under Georgia law, the right to file follows this order:

Surviving spouse
Children (if no spouse)
Parents (if no spouse or children)
Estate representative (if none of the above)

What Damages Can Be Recovered?

In Georgia, wrongful death damages include the “full value of the life” of the deceased, which consists of:

Economic Value:

Lost wages and future earnings
Loss of benefits (health insurance, retirement, etc.)
Financial contributions the person would have made

Non-Economic Value:

Loss of companionship
Loss of care, guidance, and support
Loss of enjoyment of life

In simple terms: What was this person’s life worth—from their perspective?

What Is a Survival (Estate) Claim?

A survival claim (also called an estate claim) is different. It focuses on what the deceased person experienced before passing away and the financial losses tied to their injury. This claim is brought by the Estate of the deceased, usually through an administrator or executor.

What Damages Are Included in a Survival Claim?

These damages are tied to the injury itself, not the value of the life:

Medical bills related to the injury
Funeral and burial expenses
Pain and suffering before death
Conscious pain and suffering (if applicable)
Lost wages between injury and death

In simple terms: What did the person go through before they passed, and what did it cost?

Why Are There Two Separate Claims?

Georgia law separates these claims to ensure that:

The family is compensated for the loss of their loved one (Wrongful Death), AND
The estate is compensated for what the deceased endured (Survival Claim)

Together, these claims allow families to pursue full accountability and maximum recovery.

Key Georgia Laws That Govern These Claims

While you don’t need to know every statute, here are the most important ones:

O.C.G.A. § 51-4-2 – Wrongful death claims (spouse/children)
O.C.G.A. § 51-4-4 – Wrongful death claims by parents
O.C.G.A. § 51-4-5 – Estate’s right to recover
O.C.G.A. § 9-2-41 – Survival of claims after death

Time Limits (Statute of Limitations)

In most Georgia cases:

You have 2 years from the date of death to file a wrongful death claim

However, this deadline can change depending on:

Estate probate issues
Criminal investigations
Government involvement

Important: Waiting too long can permanently bar your claim.

Do You Need an Estate Opened?

Yes—for the survival (estate) claim, an estate must be opened in probate court and a representative appointed.
Even for wrongful death claims, having an estate can be critical depending on the family structure and recovery strategy.