Georgia has a unique wrongful death statute that provides for recovery of the 'full value of the life' of the deceased — one of the broadest standards in the country.
Legal notice: This guide is for informational purposes only and does not constitute legal advice. Laws vary by state — always consult a licensed attorney before making any legal decisions.
Statute of Limitations
Georgia statute of limitations for wrongful death claims: 2 years from the date of death (O.C.G.A. § 9-3-33). Ante litem notice requirements apply if a government entity was involved.
Under the Georgia Wrongful Death Act (O.C.G.A. § 51-4-1), surviving family members can recover the 'full value of the life of the deceased' — which includes both the economic value of the deceased's expected earnings AND the intangible value of their life (relationships, experiences, and life enjoyment). This is a broader standard than many other states and can result in significantly higher recoveries, particularly for younger victims.
Georgia-Specific Tip
In Georgia, the surviving spouse has the primary right to bring a wrongful death claim. If there is no surviving spouse, the children share the right equally. If there are no children, the parents may file. The distribution of any wrongful death recovery also follows these rules — a Georgia attorney can clarify how any recovery would be distributed in your specific family situation.
📊 Georgia's 'full value of life' standard is among the most plaintiff-friendly wrongful death standards in the country and has produced some of the largest wrongful death verdicts in the Southeast.
Contact a Georgia wrongful death attorney immediately
Preserve all evidence related to the incident
Obtain the official death certificate
Document all expenses — medical, funeral, and burial costs
Do NOT accept any early settlement offer
Ask your attorney about both a wrongful death claim AND a survival action — Georgia allows both
Be aware of the 2-year deadline from the date of death
Under O.C.G.A. § 51-4-2, the surviving spouse has the primary right to file a wrongful death claim in Georgia. If there is no surviving spouse, the deceased's children share the right equally. If there are no children, the deceased's parents may file. The estate's administrator may also file a survival action for the deceased's own pre-death damages.
Georgia's full value of life standard includes both the economic component (present value of the deceased's expected lifetime earnings and services) and the non-economic component (the value of the life itself — relationships, experiences, and life enjoyment). Georgia juries consider both components, which can result in very significant verdicts, particularly for young victims.
2 years from the date of death under O.C.G.A. § 9-3-33. If a government entity was involved, ante litem notice requirements impose much shorter deadlines — 12 months for state entities and 6 months for local government. Contact an attorney immediately.
No upfront cost. Contingency fees — you only pay if you win.
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