Georgia’s wrongful death law is specific about who can bring a claim. A surviving spouse is typically first in line. But when there is no surviving spouse, or when the surviving spouse fails to act, the deceased’s children have the right to file. Minor children and adult children alike may have standing, depending on the circumstances. The claim must be filed within two years of the death in most cases. Missing that window almost certainly means losing the right to recover anything.
What Georgia Law Says About Damages
Under the Georgia Wrongful Death Act, surviving family members can recover the “full value of the life” of the person who died. This is a broad standard, and it covers more than just lost income. There are two main categories of recovery:
Economic damages include things like:
- The deceased’s projected lifetime earnings
- The value of the household services they provided
- Medical expenses incurred before death
Non-economic damages are harder to calculate but just as real. They include the loss of guidance, care, and nurturing that a parent would have provided to a child. For minor children especially, courts take this seriously. A child who grows up without a parent suffers a real and lasting harm, and Georgia law allows that harm to be acknowledged in a civil claim.
How Damages Are Split Among Multiple Children
If more than one child survives, any recovery is divided equally among them. This applies regardless of age. A 6-year-old and a 30-year-old sibling would each receive an equal share of what’s recovered. There is no tiered system based on how dependent a child was on the deceased. This can sometimes create tension within families, particularly when one child was the primary caretaker of an aging parent or had a closer financial relationship. Still, Georgia law does not make exceptions based on those factors.
What About The Estate’s Claims
Beyond what the children may recover through a wrongful death claim, the estate itself may have a separate claim for pre-death suffering and related expenses. These are distinct legal actions. One compensates the family for their loss. The other compensates the estate for what the deceased endured before passing. Both claims can and often should be pursued simultaneously. A College Park wrongful death lawyer can help surviving children understand how these two tracks work together and what evidence is needed to support each one.
When Negligence Of A Property Owner Is Involved
Many wrongful death cases in Georgia involve third-party liability. A parent killed in a shooting at an apartment complex, a hotel, or another property may have died due to the property owner’s failure to maintain adequate security. In those situations, children are not limited to pursuing the shooter alone. Property owners who knew of prior criminal activity and failed to act can be held accountable. These are premises liability cases, and they often produce substantial recoveries for surviving families. Deitch + Rogers focuses exclusively on representing crime victims in civil suits. That singular focus means the firm brings deep, relevant experience to cases involving violence on someone else’s property.
What Children Should Know Before Moving Forward
A few things worth understanding before filing:
- Georgia’s two-year statute of limitations applies in most wrongful death cases
- The claim belongs to the children collectively if there is no surviving spouse
- Settlements must be approved by a court if a minor child is involved
- Evidence gathered early tends to produce stronger outcomes
A College Park wrongful death lawyer can walk surviving children through each of these steps and help them understand what their specific case may be worth. If your parent died because of someone else’s negligence, reach out to an attorney who handles these cases exclusively so you can make an informed decision about your options.
