Wrongful Death Law in Georgia
This page covers wrongful death law as it applies in Georgia — the state and federal laws that govern it, filing deadlines, where to get help, and notable in-state decisions. For what wrongful death protects generally, see the national overview.
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Quick answer
Georgia wrongful death law allows the close family of a person killed by another party's negligence, recklessness, or intentional act to file a civil lawsuit seeking money compensation. The surviving spouse, children, or parents of the person who died may recover the "full value" of that person's life, which covers both financial losses and personal losses like companionship and guidance. Deadlines are strict — most families have only two years from the date of death to file a lawsuit, and when a government body is involved, a required written notice must be sent in as little as six months. Gather records and speak with an attorney as soon as possible after the death.
Laws that govern wrongful death in Georgia
Georgia state law
- Georgia Wrongful Death ActO.C.G.A. §§ 51-4-1 through 51-4-6
Sets out who may bring a wrongful death claim in Georgia, defines recoverable damages as the full value of the life of the deceased, and establishes how the recovery is shared among surviving family members.
- Georgia Tort Claims ActO.C.G.A. §§ 50-21-20 through 50-21-37
Waives state sovereign immunity for certain tort claims including wrongful death, and requires ante litem notice to the Risk Management Division before a lawsuit against the state may be filed.
- Statute of Limitations — Injuries to the PersonO.C.G.A. § 9-3-33
Sets the two-year filing deadline for personal injury and wrongful death lawsuits in Georgia, running from the date of death.
- Notice of Claims Against Municipal CorporationsO.C.G.A. § 36-33-5
Requires a written ante litem notice sent to a city or municipality within six months of the incident before a wrongful death lawsuit against that city may be filed.
- Presentment of Claims Against CountiesO.C.G.A. § 36-11-1
Requires claims against a Georgia county to be presented in writing within 12 months of the incident before a lawsuit may be filed.
Georgia-specific deadlines for wrongful death cases
Enter the date your problem happened to see which deadlines may already have passed. Not every deadline applies to every situation — this is a general estimate, not legal advice. Deadlines can be shorter, paused, or extended.
- Deadline to file a wrongful death lawsuit: 2 years
The two-year clock starts on the date of death. If the death arose from a criminal act and criminal proceedings are pending, the deadline may be extended under O.C.G.A. § 9-3-99. Missing this deadline almost always bars the claim permanently.
O.C.G.A. § 9-3-33
- Ante litem notice deadline — claims against the State of Georgia: 12 months
A written notice of claim must be sent by certified mail to the Risk Management Division of the Georgia Department of Administrative Services within 12 months of the date of death. This notice is a required step before filing suit, and missing it bars the claim entirely.
O.C.G.A. § 50-21-26
- Ante litem notice deadline — claims against a Georgia city or municipality: 6 months
If a city or municipality caused the death, a written notice must be sent to the mayor or city council within six months of the date of death. This is a required step before filing a lawsuit, and missing it typically bars recovery.
O.C.G.A. § 36-33-5
- Ante litem notice deadline — claims against a Georgia county: 12 months
Claims against a Georgia county government require a written notice of claim presented to the county within 12 months of the date of death before a lawsuit may be filed.
O.C.G.A. § 36-11-1
These deadlines are general estimates. They can be shorter than they appear, and can be paused (“tolled”) or extended in specific situations. This is not legal advice. If any deadline is near or has passed, talk to a lawyer right away.
Where to go & how to get help
Government agencies and non-profit legal-help organizations for wrongful death in Georgia.
- State Bar of Georgia — Lawyer Referral Servicebar referral
The State Bar of Georgia connects people with Georgia-licensed attorneys for an initial consultation; a good starting point to find a wrongful death attorney in your area of the state.
- Georgia Legal Services Programlegal aid
Provides free civil legal assistance to low-income Georgians outside the Atlanta metro area and can refer callers to other resources for civil matters including wrongful death questions.
- Atlanta Legal Aid Societylegal aid
Offers free civil legal services to low-income residents in the five-county metro Atlanta area and can provide information and referrals for civil legal matters including wrongful death questions.
Official U.S. government starting point for finding free or low-cost legal help and legal-aid programs near you.
Locate the LSC-funded legal-aid organization that serves your county for civil (non-criminal) legal problems.
Find your state or local bar association lawyer-referral service and free legal-answer programs.
Find your state attorney general to file consumer-protection, civil-rights, or other complaints.
How to take action in Georgia
- 1
Get a certified copy of the death certificate
You will need the death certificate for insurance claims, court filings, and investigations into the cause of death. Request it from the county vital records office or the Georgia Department of Public Health.
- 2
Collect evidence about how the death happened
Gather police or incident reports, medical records, witness contact information, photographs, and any documentation showing what caused the death and who may be responsible.
- 3
Identify who has the legal right to file the claim
Georgia law sets a priority order: the surviving spouse files first; if there is no spouse, the children may file; if there are no children, the parents may file; and if none of those family members exist, the estate's executor or administrator may bring the claim.
- 4
Send a required written notice immediately if a government entity was involved
If a city, county, or state agency caused the death, a formal written notice called an ante litem notice must be sent before filing a lawsuit, with deadlines as short as six months for city claims. Act right away if this applies.
- 5
Consult an attorney who handles wrongful death cases in Georgia
Georgia's wrongful death law has complex rules about who may file, what can be recovered, and how the money is shared among family members. An attorney can investigate and make sure no deadline is missed.
- 6
File the lawsuit before the two-year deadline expires
In most cases, the family has two years from the date of death to file a wrongful death lawsuit. Missing this deadline almost always means permanently losing the right to recover.
A general roadmap, not legal advice — the right steps depend on your situation and deadlines.
Common questions about wrongful death in Georgia
Who can file a wrongful death claim in Georgia?
Georgia law creates a priority order. The surviving spouse has the first right to file. If there is no surviving spouse, the deceased person's children — whether adult or minor — may bring the claim. If there are no children, the parents of the deceased may file. If none of those family members exist, the executor or administrator of the estate may file on behalf of the next of kin.
What can a family recover in a Georgia wrongful death case?
Georgia uses the "full value of the life" standard. This covers both economic losses — like the earnings the deceased person would have made — and non-economic losses, such as the love, companionship, and guidance that were lost. Georgia does not cap these damages. Separately, the estate may also recover the deceased person's medical expenses before death and funeral and burial costs.
How long do I have to file a wrongful death lawsuit in Georgia?
In most cases, the family has two years from the date of death to file a lawsuit, under O.C.G.A. § 9-3-33. If the death arose from a crime and criminal proceedings are ongoing, a separate tolling rule under O.C.G.A. § 9-3-99 may extend the deadline. Missing the deadline almost always means the case cannot proceed in court.
What if a government agency or employee caused the death?
A written ante litem notice must be sent before a lawsuit can be filed. For a state agency, the notice must go to the Risk Management Division of the Georgia Department of Administrative Services within 12 months of the death. For a city or municipality, notice is due within six months. For a county, notice is due within 12 months. These notice deadlines are separate from and shorter than the two-year lawsuit deadline, and missing them typically bars recovery entirely.
Can a wrongful death civil case be filed even if there is also a criminal case?
Yes. A criminal case is brought by the government and can result in imprisonment or fines. A wrongful death lawsuit is a civil case brought by the family to seek money damages. The two cases use different legal standards, and a family may pursue a civil case even if criminal charges are dropped or the defendant is found not guilty in criminal court.
What is a survival action, and how is it different from a wrongful death claim?
A wrongful death claim compensates the surviving family for their own losses — the full value of the life taken from them. A survival action is a separate claim brought by the estate to recover losses the deceased person experienced before dying, such as medical expenses and funeral costs. In Georgia, the personal representative of the estate may bring both types of claims in the same lawsuit.
Can a family still recover if the deceased person was partly at fault?
Georgia follows a modified comparative negligence rule. If the deceased person was less than 50 percent at fault for the incident, the family can still recover, but the amount is reduced by the percentage of fault assigned to the deceased. If the deceased is found to be 50 percent or more at fault, the family generally cannot recover in a wrongful death claim.
Not legal advice. State-specific statutes, deadlines and procedures are being sourced and will appear here.