Georgia allows wrongful death claims for the full value of a lost life, including economic and intangible losses. Juries determine awards; economic losses may be reduced to present value while non-economic losses typically are not. Survivors - usually spouse and children - share recoveries. Specific thresholds, distribution mechanics, and statutory details have changed over time and should be verified with current Georgia code and case law.

What Georgia law lets families recover

If a person dies because of someone else's negligence, Georgia law lets certain survivors bring a wrongful death claim to recover the "full value of the life" of the deceased. Courts and juries assess both economic losses (like lost earnings) and non-economic losses (like loss of companionship and the value of a life cut short).

Who decides value

A jury typically determines the full value of the life lost. Georgia does not use a single statutory formula that fixes that value; instead, juries weigh evidence about the deceased's expected earnings, contributions, and the personal and emotional loss to survivors.

Economic vs. non-economic damages

Economic damages generally reflect measurable financial losses, such as projected lifetime income and services the deceased provided. Georgia law allows economic losses to be adjusted to present cash value in many cases. Non-economic damages - the intangible value of a life, like companionship and enjoyment - are treated differently and traditionally are not reduced to present value. 1

Factors that affect the award

Several legal and factual issues can reduce or bar recovery. These include comparative negligence, assumption of risk, statutory limits in related contexts (for example, medical malpractice rules), and whether a surviving claimant qualifies under the statute. Determining a claim's value involves legal nuances best handled by an attorney.

Who can sue and how proceeds are shared

Under Georgia law, the surviving spouse and the surviving children are the primary beneficiaries of a wrongful death recovery and generally share the award. If there is no spouse or child, an administrator of the decedent's estate may bring the action on behalf of the next of kin. The statute and court decisions set the order and method of distribution. 2

Special rules for minor children

If a surviving child is a minor, courts have procedures for how a child's share is held and managed. Historically, a guardian could hold a child's recovery up to a specific threshold without a formal bond; larger recoveries require court supervision and a bond. The current threshold and procedures should be verified for up-to-date dollar amounts and practice. 3

Practical takeaways

Wrongful death claims protect survivors' legal rights but cannot replace a life. Awards can include both economic and non-economic components and are shaped by jury discretion and legal rules. Because Georgia law and court interpretations have evolved, consult an experienced Georgia wrongful death attorney promptly to understand deadlines, evidentiary needs, and how state law may affect damages in your case.
  1. Confirm the current Georgia Code section(s) governing wrongful death (statute number and latest amendments).
  2. Verify whether Georgia currently imposes any caps or statutory formulas that limit wrongful death damages.
  3. Confirm the rule that economic damages may be reduced to present value while non-economic damages are not, and note any controlling cases.
  4. Verify the current dollar threshold and procedural rules for a guardian holding a minor child's share without posting a bond.

FAQs about Georgia Wrongful Death

Who may file a wrongful death claim in Georgia?
The surviving spouse and surviving children are the primary beneficiaries who may recover wrongful death damages. If there is no spouse or child, an administrator can pursue the claim for next of kin.
What types of damages can be recovered?
Families can recover economic damages (like lost earnings and services) and non-economic damages (such as loss of companionship and the life's intangible value).
Are damages capped in Georgia wrongful death cases?
Georgia does not employ a single statutory formula for wrongful death valuation; however, whether there is an overall cap depends on statute and case law in specific contexts and should be verified for current law.
Can the economic portion of an award be reduced to present value?
Yes. Economic damages are often subject to reduction to present cash value. Non-economic damages are traditionally not reduced to present value.
What happens to a child’s share if the child is a minor?
A minor's recovery may be held by a guardian, sometimes without a bond up to a statutory threshold; larger recoveries generally require probate court approval and a bond. Confirm current thresholds and procedures.