Georgia's Wrongful Death Act: Your Rights
Georgia law recognizes that when someone dies due to another's negligence or intentional wrongdoing, the surviving family members suffer profound losses that deserve legal redress. The Georgia Wrongful Death Act allows eligible family members to pursue compensation for the full value of their loved one's life — not just their economic contributions, but the intrinsic value of the life itself.
Wrongful death cases arise from car and truck accidents, medical malpractice, defective products, workplace accidents, premises liability, and violent crimes. In every scenario, our attorneys at Kenneth S. Nugent, P.C. approach these cases with the sensitivity and tenacity they deserve.
Who Is Liable in a Georgia Wrongful Death Case?
Potential defendants in Georgia wrongful death claims include:
- Negligent drivers in car, truck, and motorcycle accidents
- Trucking companies whose drivers operate dangerously
- Healthcare providers whose malpractice caused a patient's death
- Property owners who failed to maintain safe premises
- Product manufacturers whose defective products caused fatal injuries
- Employers whose unsafe workplaces led to worker deaths
- Nursing homes and elder care facilities whose negligence caused resident deaths
- Bars and restaurants that served alcohol to an obviously intoxicated driver (dram shop liability)
Our attorneys conduct comprehensive investigations to identify every party whose negligence contributed to your family's loss.
What Is 'Full Value of the Life' Under Georgia Law?
Georgia's wrongful death standard — the "full value of the life" — is unique and broader than many states' approaches. It encompasses:
- Economic value: The deceased's projected future earnings, benefits, and household services over their expected lifetime
- Intangible value: The value of the life itself, independent of its economic contributions — the love, companionship, mentorship, and guidance that can never be replaced
Separately, the deceased's estate may recover funeral and burial expenses, pre-death medical bills from the fatal injury, and damages for the conscious pain and suffering experienced before death.
Calculating these damages requires financial experts, actuaries, and life care planners. Kenneth S. Nugent, P.C. works with top-tier experts to present the full picture of your loss to insurance companies and juries.
Navigating Grief While Pursuing Justice
We know that no amount of compensation can replace your loved one. Our attorneys approach every wrongful death case with deep respect for the family's grief. We take on the legal burden — investigating, litigating, negotiating — so you can focus on healing and honoring your family member's memory.
We handle wrongful death cases on a contingency fee basis: no upfront costs, no hourly bills. We are paid only when we win. Our 9 Georgia offices allow us to meet with families in their communities rather than asking them to travel during an already difficult time.
Frequently Asked Questions
Under Georgia's Wrongful Death Act, the surviving spouse has the primary right to file. If there is no spouse, surviving children may file. If there are no spouse or children, the deceased's parents may file. If none of the above survive, the administrator of the estate may bring the claim.
Georgia allows recovery for the 'full value of the life' of the deceased — which includes both economic value (future earnings, household services) and the intangible value of the life itself. The estate may also separately recover funeral expenses, medical expenses from the final injury, and conscious pain and suffering experienced before death.
Generally two years from the date of death. However, there are exceptions — including cases involving government defendants or fraud that concealed the cause of death. Contact our attorneys immediately; missing the deadline forfeits your right to recovery.
Drunk driving deaths may support a claim for punitive damages in addition to compensatory damages. In Georgia, punitive damages in DUI cases are not subject to the usual $250,000 cap when the defendant acted with specific intent. Our attorneys pursue every dollar available under Georgia law.