When a family member dies because of someone else’s carelessness, grief arrives alongside practical questions about funeral costs, lost income, and whether anyone will be held accountable. Georgia law gives certain family members a way to seek answers and compensation through a wrongful death claim.
Taylor Odachowski Schmidt & Crossland, LLC (TOSC) helps Brunswick families evaluate wrongful death claims as part of our personal injury practice. Our attorneys can review what happened, explain who may bring a claim, and pursue accountability on behalf of your family.
What Is a Wrongful Death Claim in Georgia?
A wrongful death claim may arise when a person dies because of another party’s negligence or wrongful act. Common causes include vehicle crashes, unsafe premises, defective products, and medical errors. According to the Georgia Governor’s Office of Highway Safety, Georgia recorded 1,797 traffic fatalities in 2022, the fourth-highest number in the nation. Proving a claim generally means showing that a party owed a duty of care, breached it, and caused the death, and that the family or estate suffered losses as a result.
A wrongful death claim is a civil case, and it can proceed whether or not criminal charges are filed. These claims often overlap with car accident, product liability, and medical malpractice matters.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law sets an order of priority for who may bring the claim.
A surviving spouse generally acts for the benefit of the spouse and children and typically receives at least one-third of the recovery. Because an estate’s personal representative is usually appointed through probate, it can help to speak with an attorney early about who is able to act.
Damages in a Georgia Wrongful Death Case
Georgia measures wrongful death damages differently from many states, and two separate claims may arise from one death.
The Full Value of the Life
The family’s claim seeks the full value of the life of the person who died, which Georgia measures from that person’s point of view. It generally includes economic value, such as lost earnings and financial support, and intangible value, such as the relationships and experiences that made up a life.
Claims That Belong to the Estate
The estate may pursue medical expenses, funeral and burial costs, and the pain and suffering the person experienced before death. Punitive damages may be available in limited cases involving extreme misconduct, and Georgia law places limits on them.
Deadlines for Wrongful Death Claims in Georgia
Georgia sets firm time limits for wrongful death claims, and missing one can end a case.
Key Deadline
Georgia generally allows two years from the date of death to file a wrongful death lawsuit.
The deadline runs from the date of death, which can differ from the date of the accident. In some situations, such as a pending criminal case, the deadline may be extended.
Claims involving a government entity can have much shorter deadlines. Written notice may be required within six months for a city or twelve months for a county or the state before a lawsuit can be filed. Because these deadlines can end a claim, speak with an attorney as early as possible.
How an Attorney Builds a Wrongful Death Case
A person who died cannot describe what happened, so evidence matters even more. An attorney can review accident reports, medical records, witness accounts, photographs, surveillance footage, and maintenance or employment records, depending on how the death occurred. Where the cause of death is disputed, qualified professionals such as accident reconstructionists or medical providers may be needed to explain what happened.
Early action helps preserve that evidence. Georgia’s comparative fault rules may reduce or bar recovery if the person who died is found partly responsible, so a careful review of the facts can help prepare for that issue before an insurer raises it.
Why Work With a Wrongful Death Attorney in Brunswick
Insurance companies and defendants may try to minimize their responsibility. An attorney can handle communications with insurers, identify the losses a family may be able to claim, and pursue the case through negotiation or in court, so you can focus on your family. Wrongful death cases can involve several parties, such as a driver, an employer, a property owner, or a manufacturer, and an attorney can identify each one that may share responsibility.
TOSC is a full-service, Martindale-Hubbell AV™ rated firm with decades of presence in Brunswick and coastal Georgia, and our attorneys carry over 350 years of combined experience across personal injury, real estate, probate, and business litigation.
Frequently Asked Questions About Wrongful Death in Brunswick
These are some of the questions families ask us most often about wrongful death claims.
Can I file a claim if the person who died was partly at fault?
It depends on the facts. Georgia’s comparative fault rules may reduce or bar recovery if the person who died is found partly responsible, so a careful review of what happened is important.
How is the value of a wrongful death claim determined?
Georgia measures the full value of the life of the person who died, including both economic and intangible value. Evidence such as age, earnings, health, and family relationships can affect how that value is presented.
Can the family and the estate both bring claims?
Often, yes. The family’s claim for the full value of the life and the estate’s claim for medical bills, funeral costs, and pre-death pain and suffering are separate claims.
Does a surviving spouse have to share the recovery?
When a surviving spouse brings the claim, the recovery is generally shared with the children, and the spouse typically receives at least one-third. An attorney can explain how this applies to your family.
Will my case go to trial?
Many claims resolve through negotiation, but some proceed to trial. An attorney can prepare your case for either path and explain the options along the way.
How long does a wrongful death case take?
It varies with the facts, the number of parties involved, and whether the case settles. An attorney can give you a realistic outlook after reviewing the details.
Contact Taylor Odachowski Schmidt and Crossland About a Wrongful Death Claim
Losing a family member is difficult enough without worrying about deadlines and insurance companies. Our attorneys can review what happened, explain who may bring a claim, and discuss the deadlines that may apply to your family.
You can meet the attorneys who may handle your claim, and when you are ready to talk, contact our office today.
