Georgia Personal Injury Trial Attorneys

Understanding the Wrongful Death Lawsuit

By: Fry | Goehring

Losing a family member is one of the most difficult things we can go through, especially when that beloved person died due to the negligence or recklessness of another party. When that loved one dies, we want to ensure that justice has been sought and that we fully understand what happened and that hopefully it can be prevented in the future.

If a family pursues a wrongful death lawsuit on behalf of their deceased family member, they might be entitled to monetary damages.  Wrongful death laws are different for each state, but most typically each state will award financial support to family members if it’s found that another party was responsible for their death.


In the state of Georgia, a plaintiff must file a wrongful death claim within two years of the family member’s date of death. There are exceptions to that rule, particularly if there is a criminal prosecution against the party allegedly responsible for your loved one’s death.

A wrongful death lawsuit in Georgia can be filed on several grounds, including:

  • Homicide
  • Defective products
  • Negligence
  • Nursing home abuse
  • Prescription drugs that were unsafe
  • Medical malpractice
  • Criminal acts


In Georgia, a surviving spouse of the deceased can file a wrongful death lawsuit. If the couple had children, then the award from the wrongful death lawsuit is split between the spouse and children. If the family member is not survived by a spouse, but only the children, then they can file a wrongful death lawsuit. If the family member was not survived by a spouse or children, then their parents can file a wrongful death lawsuit on their behalf.

If no spouse, children, or parents are surviving then the next of kin can file a wrongful death lawsuit.


If negligence or recklessness is determined, then the surviving family will get compensated for the value of the person’s life. This can range, obviously, and can depend on what the value of the deceased person’s life was to their surviving family members and how much of an economic loss it is determined to be. This figure can also include the funeral, medical, and other expenses related to the injury and death of the person.

When you are considering filing a wrongful death lawsuit in Atlanta, you want legal representation who is sensitive to your needs and who understands your rights. Call the Fry | Goehring today at (404) 948-3571 for more information.