Losing a Loved One: Understanding Who May File a Wrongful Death Claim

If you’re searching for wrongful death Marietta GA information, here’s the short answer. A Georgia wrongful death claim is a civil case a family may bring after a person dies because of another party’s wrongful act or negligence. Whether a claim exists, and who may bring it, depends on the facts of each case.

This guide covers the basics for families in Marietta and Cobb County. It explains who may file, situations that may be relevant, the kinds of losses Georgia law mentions, how any recovery may be divided, and what to ask a lawyer. It is general information, not legal advice.

What Is a Wrongful Death Claim in Georgia?

A wrongful death claim is a civil lawsuit brought on behalf of a family after someone dies. It seeks money for losses caused by that death. Georgia’s definitions for these claims appear in O.C.G.A. § 51-4-1.

That statute says “homicide” includes deaths that result from a crime, from criminal or other negligence, or from defectively manufactured property. It applies whether or not negligence is involved in the manufacturing. How this applies to a specific death depends on the facts.

A civil claim is different from a criminal case. A criminal case is brought by the government and may lead to charges against the person responsible. A civil claim is brought by the family. The two may move on different timelines, and their results depend on the facts.

Who Can File a Wrongful Death Lawsuit in Georgia?

A surviving spouse may bring a claim for the death of a spouse or parent. If there is no surviving spouse, a child or children may bring it, as O.C.G.A. § 51-4-2 describes.

Who may bring a Georgia wrongful death action depends on the facts of each case. O.C.G.A. § 51-4-4 may give parents a right to sue in some circumstances, and O.C.G.A. § 51-4-5 addresses the role of an administrator or executor, so consult a lawyer about your situation. The person who acts for the estate is called the personal representative.

A child’s death follows a separate rule. That rule points to other Georgia Code sections, which this guide does not cover.

Who may sue depends on who survives, the family’s situation, and whether any exception applies. A lawyer can review your family’s facts.

Situations That May Lead to a Marietta Wrongful Death Claim

Many fatal incidents may raise wrongful death questions, depending on the facts. The list below shows possible situations. It does not describe causes or fault. Possible situations include:

• Car, truck, and motorcycle collisions
• Pedestrian collisions
• Falls on unsafe property, including slip-and-fall incidents
• Attacks on property where security may have been lacking, known as negligent security
• Neglect or abuse in nursing homes
• Fatal dog attacks

Families in Marietta and Cobb County may face these situations like anyone else in Georgia. Where an incident happened and which laws apply can shape a claim. Ask a lawyer how your facts fit.

What Damages May Be Recoverable in a Wrongful Death Case?

Georgia law describes several kinds of losses. Which ones apply depends on the facts and the type of claim.

The statute refers to the “full value of the life of the decedent, as shown by the evidence.” It says this value is not reduced by the decedent’s necessary or personal expenses had the person lived. See O.C.G.A. § 51-4-1.

When a death results from a crime or from criminal or other negligence, recovery of funeral, medical, and other necessary expenses by the personal representative depends on the facts of the case. See O.C.G.A. § 51-4-5.

Georgia law generally limits medical expense damages to the reasonable value of medically necessary care, and how that rule applies depends on the facts of each case, including the type of action and filing date. Exceptions may apply, so consult a lawyer about your own situation. Where the rule applies, the amount is for the fact-finder to determine. See O.C.G.A. § 51-12-1.1.

A common question is whether there is an average settlement. This page gives no averages, amounts, or estimates. Each case depends on its own facts, so no outcome or amount can be predicted here.

Who Receives Any Recovery in a Georgia Wrongful Death Case?

If there is a surviving spouse, the statute says the spouse receives no less than one-third of the recovery. If there is no surviving spouse, the children divide the recovery equally, per person. See O.C.G.A. § 51-4-2. Other facts may change this, so ask a lawyer.

The statute also says a recovery in these actions is not subject to the decedent’s debts or liabilities. Other rules may still apply.

Some cases involving minor children may need court approval of a settlement. Those steps depend on the facts of each situation, so a lawyer can explain how they may apply to your case.

Medical bills raise separate questions. How Medicare Secondary Payer rules may apply to accident-related costs depends on the facts of each case, so consult a lawyer about your own situation.

Some providers treat injured people under a letter of protection, a promise to be paid from a judgment or settlement. Whether the letter and itemized charges may be relevant and discoverable in those cases depends on the facts of each case, and a lawyer can advise you on how the applicable rules may apply to your situation. See O.C.G.A. § 51-12-1.1.

Timing, Records, and Questions to Ask Early

Georgia’s two-year rule for injuries to the person may apply, but exceptions exist. The statute says these actions “shall be brought within two years after the right of action accrues,” except as otherwise provided. See O.C.G.A. § 9-3-33 (Cameron v. JMP Pizza, Inc. (2026)).

Whether that period, or another one, applies to a wrongful death claim depends on the facts. Under O.C.G.A. § 9-3-99, the period may be paused while a related criminal prosecution is pending, for no more than six years. A lawyer can explain how these rules may apply to your case.

Families often hold useful records. These may include the death certificate, police or incident reports, medical records, bills, and funeral receipts. Medical records document the care provided. This page does not say what any record will show about fault or value.

Questions to bring to a lawyer may include:

• Who in my family may be able to bring a claim?
• Does a deadline apply to my case, and could an exception apply?
• Which records exist, and which ones are still missing?
• How might medical bills and any letter of protection be handled?

What Happens Next: No Outcome Can Be Promised

No outcome can be promised in a wrongful death case. No one can predict what a particular claim may be worth. This page gives no odds, averages, or case values, and every case depends on its facts.

Slam Dunk Attorney offers a free, confidential first consultation, with no obligation to continue. Peter F. Jaraysi is the responsible lawyer for this practice. He works with the firm’s support staff from Duluth, Georgia.

Common Questions

This page is general information, not legal advice. The responsible lawyer is Peter F. Jaraysi of Slam Dunk Attorney, based in Duluth, Georgia. Contact details are on our contact page.