lmccullough@hawklawgroup.com | July 31, 2025 | Wrongful Death
Losing a loved one is a profoundly difficult and painful experience.
The grief can feel all-consuming, and when the death is caused by someone else’s negligence or wrongdoing, it adds a layer of shock and injustice. In the midst of such a tragedy, you may feel overwhelmed and unsure of what to do next.
It’s an important time to understand your legal rights and options for seeking justice on behalf of your family member.
In Georgia, two distinct types of claims can be pursued after a wrongful death: a wrongful death claim and a survival action. While they arise from the same tragic event, they serve different purposes and compensate for different types of losses.
Knowing this difference is vital to ensuring you can recover the full compensation you and your family deserve.
Our experienced team at Hawk Law Group is here to help you through this difficult time. We understand the complexities of these cases and will stand by your side to fight for the financial justice you and your family deserve.
If you believe your loved one’s passing may qualify for legal action, our Augusta wrongful death lawyer is ready to evaluate your case and guide you through the next steps.
What Is a Wrongful Death Claim in Georgia?
⚖️ This legal action prioritizes the family’s emotional and financial losses, distinguishing it from other personal injury remedies.
A wrongful death claim in Georgia is a legal action brought by the surviving family members of a person whose death was caused by the wrongful act, negligence, or criminal conduct of another party.
This type of claim is intended to compensate the family for their own losses, not the losses of the deceased person. It is a way for the law to acknowledge the profound impact that the loss has had on the family unit.
What Qualifies as Wrongful Death?
A wrongful death claim can arise from any situation where a person’s death is caused by the at-fault party’s actions, including:
- Negligence: The failure to act with reasonable care, such as in a car accident.
- Recklessness: A knowing disregard for the safety of others, like a drunk driving incident.
- Intentional Acts: Actions taken with the intent to harm, such as an assault.
Examples of incidents that often lead to wrongful death claims include:
- Car and truck accidents
- Medical malpractice
- Workplace injuries or construction accidents
- Premises liability incidents, like a fatal slip and fall
The law that governs wrongful death claims in Georgia is found in the Official Code of Georgia Annotated (O.C.G.A.) § 51-4-1. This statute defines a wrongful death as a death caused by “a crime, tort, or negligence” and outlines who can file the claim.
Who Can File a Wrongful Death Lawsuit?
The right to file a wrongful death lawsuit is strictly defined by Georgia law. It follows a specific hierarchy:
- Surviving spouse: The spouse has the first right to file.
- Children: If there is no surviving spouse, the children of the deceased can file the claim.
- Parents: If there is no spouse or children, the parents can file.
- Estate representative: If none of the above exist, the personal representative of the deceased’s estate can file the lawsuit.
Damages in a Georgia Wrongful Death Claim
The damages recoverable in a Georgia wrongful death claim are for the full value of the deceased’s life. This is a unique and comprehensive measure of loss. It is not limited to financial losses and can include:
- Lost income and benefits: The money your loved one would have earned over their lifetime.
- Loss of companionship, guidance, and care: This accounts for the emotional and personal impact on the family.
- Funeral and burial expenses: Costs associated with laying your loved one to rest.
What Is a Survival Action in Georgia?
A survival action is a different kind of claim. It is not about the family’s loss but about the losses the deceased person suffered before their death. It “survives” the person’s death, allowing the estate to continue with the personal injury claim that the deceased could have filed themselves had they lived.
Legal Definition and Purpose
A survival action, also known as an estate claim, compensates the deceased person’s estate for the injuries, losses, and suffering they endured from the time of the incident until the time of their death. This is why it’s important to determine how much time elapsed between the injury and the death. This claim is based on the deceased’s legal rights, not the family’s.
Who Can File a Survival Action?
Only the legal representative of the deceased person’s estate—such as the estate executor or administrator—can file a survival action. The compensation recovered goes into the estate, and it is then distributed to the beneficiaries as outlined in the deceased’s will or according to Georgia’s laws of intestate succession if no will exists.
Damages in a Georgia Survival Claim
The damages that can be recovered in a survival action are those that the deceased would have been able to seek in a personal injury claim, including:
- Medical expenses from the time of the injury until death.
- Lost wages during the period between the injury and death.
- Property damage was caused by the incident.
- Pain and suffering the deceased experienced before their death.
- Punitive damages: If the defendant’s conduct was particularly outrageous, punitive damages may be awarded to punish the at-fault party and prevent similar acts in the future.
Getting to know these common scenarios can help you determine whether your loved one’s passing may qualify for legal action.
If you are unsure whether your case qualifies as wrongful death or personal injury, speaking with our Augusta personal injury lawyer will help you understand your legal rights and the most appropriate course of action.
Key Differences Between Wrongful Death and Survival Action
The distinctions between these two types of claims can be complex. Here is a simple table to highlight the most important differences:
| Feature | Wrongful Death | Survival Action |
| Filed by | Surviving family or a legal representative | The deceased’s estate executor or administrator |
| Compensates | The family’s losses | The deceased person’s losses before death |
| Damages | Lost future income, loss of companionship | Medical bills, lost wages, pain, and suffering before death |
| Who Receives Funds | Surviving family members | The deceased’s estate beneficiaries |
| Includes P&S? | No | Yes (for the deceased’s pain before death) |
| Punitive Damages? | No | Yes (if justified) |
| Funeral Costs? | Yes, as part of the full value of life | Sometimes, as a recoverable expense of the estate |
✔️ Each claim serves a distinct purpose—filing both often yields the most complete recovery for grieving families.
Can You File Both in Georgia?
Yes, in most cases, a wrongful death claim and a survival action can be filed together.
They are considered separate and distinct claims, covering different types of damages that arise from the same event.
Filing both claims can be paramount to recovering the maximum compensation possible for the family.
Our team can help you identify which claims apply to your unique situation. Our extensive experience helps us evaluate all available legal avenues to seek the financial justice you deserve.
Statute of Limitations in Georgia
One of the most important things to know is that all legal claims have a time limit. This is known as the statute of limitations. In Georgia, the statutes of limitations are as follows:
- Wrongful Death: You generally have two years from the date of your loved one’s death to file a wrongful death lawsuit in Georgia (O.C.G.A. § 9-3-33)
- Survival Action: The statute of limitations for a survival action is usually the same as the underlying personal injury claim, which is typically two years from the date of the injury.
It is vital to act quickly. Failing to file your claim within the specified time period can mean forfeiting your right to seek compensation forever.
To avoid losing your right to file a claim, it’s essential to understand the applicable deadlines, including the statute of limitations for personal injury in Georgia, which can affect both wrongful death and survival actions.
How Our Georgia Wrongful Death Attorneys Can Help
Our lawyers at Hawk Law Group are dedicated to fighting for families in Georgia and South Carolina who have suffered an unimaginable loss. We will provide compassionate and aggressive representation from the very first day. We will:
- Evaluate which claims apply: We will carefully review the details of your case to determine if both a wrongful death and a survival action are appropriate.
- Help with estate administration: We can guide you through the process of filing a claim on behalf of the estate.
- Maximize compensation: Our goal is to recover the full financial compensation you and your family deserve.
- Handle complex legal issues: Our team is experienced in handling the overlap between wrongful death and survival actions, including cases that other firms have given up on.
Hawk Law Group assists with both claims, estate guidance and strategic compensation recovery across Georgia and South Carolina.
Call our Georgia wrongful death lawyers at 706-914-2591 for a free consultation today. We have offices in Augusta, Evans, Thomson, and Waynesboro, GA, as well as Aiken, SC.