When a loved one dies because of someone else’s actions, the family may have legal options to seek justice. Georgia law allows two types of claims: wrongful death and survival action. These claims serve different purposes and have different rules.
What is a wrongful death claim?
A wrongful death claim seeks compensation for the full value of the deceased person’s life. This includes both economic losses (such as lost income) and non-economic losses (such as the loss of companionship). In Georgia, the surviving spouse, children, or parents of the deceased can file this claim. If no immediate family members are available, the estate may bring the claim on behalf of the next of kin.
The goal of a wrongful death claim is to compensate surviving family members for their loss. The court considers the financial and emotional impact of the death. This includes future earnings the person would have provided and the personal losses experienced by the family. The money awarded in a wrongful death claim goes directly to the surviving family members, not the deceased person’s estate.
What is a survival action?
A survival action focuses on the harm the deceased person suffered before death. This claim allows the estate to recover damages for medical expenses, pain and suffering, and other losses the person experienced before passing. If the person died instantly, the survival action may have little value. However, if they suffered before death, the claim can provide compensation for that period.
Unlike a wrongful death claim, a survival action does not compensate the family for their loss. Instead, it covers damages the deceased could have claimed if they had survived. Any compensation awarded in a survival action goes to the deceased person’s estate. The estate then distributes the money according to the person’s will or Georgia’s inheritance laws.
The respective plaintiffs can file both claims in the same case, depending on the circumstances. Families dealing with a tragic loss should understand these options so they can seek justice in the right way.