Losing a loved one is one of life’s most difficult experiences. When that loss happens because of someone else’s negligence or wrongdoing, the pain becomes even more complicated. In the midst of your grief, you may feel overwhelmed and unsure about what steps to take next. Understanding your legal options is an important part of moving forward and seeking justice for your family.
In Georgia, families who have lost a loved one due to negligence have two distinct legal remedies available: a wrongful death claim and a survival action. While these terms are sometimes used interchangeably, they are actually separate and distinct claims with different purposes, eligible beneficiaries, and types of damages.
Knowing the difference between a wrongful death claim and a survival action in Augusta, GA can help you understand what compensation your family may be entitled to receive.
Why Choose Chris Hudson Law Group for Your Wrongful Death Case
When you’ve lost a loved one due to someone else’s negligence, you need an attorney who understands both the legal complexities and the emotional weight of your situation. Chris Hudson Law Group has been serving families in Augusta and throughout Georgia for over 20 years, providing compassionate representation and strong advocacy for wrongful death cases.
Christopher Hudson, the firm’s owner and managing member, brings 22 years of legal experience to every case. His background as a former insurance defense attorney gives him knowledge of how insurance companies evaluate and defend against wrongful death claims. This background allows him to anticipate insurance company tactics and build stronger cases for families. Christopher Hudson is recognized by Super Lawyers and maintains professional profiles on Avvo and Martindale-Hubbell, reflecting his commitment to professional excellence and client service.
The firm has recovered significant compensation for families who have lost loved ones. In one case, Chris Hudson Law Group secured a $1,250,000 settlement for a family whose loved one was killed in an automobile collision in Evans, Georgia, by stacking multiple insurance policies to maximize recovery. In another significant case, the firm obtained a $1,250,000 settlement against the City of Augusta—the highest settlement ever reached against this entity—for families who lost two loved ones in a motorcycle accident. These wrongful death settlements demonstrate the firm’s ability to recover substantial compensation for grieving families.
Chris Hudson Law Group handles all wrongful death cases on a contingency fee basis, which means you pay no attorney fees unless the firm recovers compensation for you. The firm also offers free consultations to discuss your case and explain your legal options. When you’re grieving the loss of a loved one, you shouldn’t have to worry about upfront legal costs.
Understanding Wrongful Death Claims in Georgia
A wrongful death claim is a legal action filed on behalf of the deceased person’s family members. Under Georgia law, specifically O.C.G.A. § 51-4-1, a death is considered wrongful when it results from someone’s negligence, criminal conduct, or a defectively manufactured product. The purpose of a wrongful death claim is to compensate the surviving family members for the losses they experience as a result of losing their loved one.
What Qualifies as Wrongful Death?
For a death to qualify as wrongful under Georgia law, it must result from the negligent or wrongful act of another person or entity. This can include deaths caused by car accidents, truck accidents, medical malpractice, workplace accidents, defective products, or premises liability. The key requirement is that the death must have been caused by someone else’s failure to exercise reasonable care.
Who Can File a Wrongful Death Claim?
Georgia law limits who can file a wrongful death claim. The eligible beneficiaries include the surviving spouse, surviving children, parents of the deceased, and the executor of the deceased’s estate. These individuals have the legal standing to pursue compensation on behalf of the deceased person. The claim seeks to recover damages for the losses experienced by these family members, not the deceased person themselves. Understanding who can file a wrongful death lawsuit is crucial for families handling this difficult process.
What Damages Can You Recover in a Wrongful Death Claim?
Wrongful death damages are designed to compensate surviving family members for the financial and emotional losses they suffer. These damages typically include:
- Lost wages and income that the deceased would have earned during their lifetime
- Loss of companionship, loss of consortium, guidance, and emotional support
- Funeral and burial expenses
- Pain and suffering experienced by family members
- Loss of inheritance or financial support
The specific amount of damages depends on factors such as the deceased person’s age, earning capacity, health, and the strength of family relationships. Chris Hudson Law Group has recovered significant compensation for families in Augusta. In one case, the firm secured a $1,250,000 settlement for a family who lost a loved one in an automobile collision in Evans, Georgia, by stacking multiple insurance policies to maximize recovery. Additionally, Chris Hudson Law Group obtained a $1,250,000 settlement against the City of Augusta for wrongful deaths in a mobile home fire.
Survival Actions Explained
A survival action is a separate legal claim that allows the deceased person’s estate to recover damages for the harm the deceased person experienced before death. Under Georgia law, O.C.G.A. § 51-4-2 governs survival actions. Unlike a wrongful death claim, a survival action can be filed while the victim is still alive, though it typically continues after death on behalf of the estate.
How Survival Actions Differ from Wrongful Death Claims
The key difference between a survival action and a wrongful death claim is who receives the compensation and what the damages cover. In a survival action, the compensation goes to the deceased person’s estate, not directly to family members. The damages in a survival action are meant to compensate the deceased for the harm they personally experienced before death, such as medical expenses, pain and suffering, and lost wages.
Damages Available in Survival Actions
Survival action damages focus on what the deceased person experienced and lost before their death. These damages typically include:
- Medical expenses incurred before death
- Pain and suffering experienced by the deceased before death
- Lost wages of the deceased
- Funeral and burial expenses
The compensation recovered in a survival action becomes part of the deceased person’s estate. The estate then distributes these funds according to the deceased person’s will or Georgia’s intestacy laws. This means the funds may go to different beneficiaries than those who would receive wrongful death compensation.
Key Differences Between the Two Claims
While wrongful death claims and survival actions are related, they serve different purposes and have important distinctions:
- Who Files: Wrongful death claims are filed by family members; survival actions are filed by the estate’s executor or personal representative
- Who Receives Compensation: Wrongful death damages go to surviving family members; survival action damages go to the estate
- Types of Damages: Wrongful death damages cover family losses like loss of companionship; survival action damages cover the deceased’s personal losses like medical bills and pain and suffering
- Timing: Survival actions can be filed while the victim is alive; wrongful death claims are filed after death
- Statute of Limitations: Both have a two-year deadline from the date of death under Georgia law
Can You File Both a Wrongful Death Claim and a Survival Action?
Yes, Georgia law allows families to pursue both a wrongful death claim and a survival action in the same case. These are considered separate and distinct claims, and filing both provides a more complete recovery for the family and the estate. However, it’s important to ensure that damages don’t overlap between the two claims. An experienced attorney can help structure the claims to maximize recovery while avoiding double compensation for the same losses.
Many families benefit from pursuing both claims because they address different types of losses. The wrongful death claim compensates the family for their losses, while the survival action compensates the estate for the deceased person’s medical expenses and other personal losses before death.
Frequently Asked Questions
What is the statute of limitations for filing a wrongful death claim in Georgia?
Georgia law provides a two-year statute of limitations for filing a wrongful death claim, measured from the date of death. This means you have two years from the date your loved one passed away to file a wrongful death lawsuit. If you miss this deadline, you may lose your right to pursue compensation. This is why it’s important to contact an attorney as soon as possible after losing a loved one.
Can I file a survival action if my loved one died years ago?
No, the two-year statute of limitations applies to survival actions as well. The clock starts running from the date of death, not from the date you discover the negligence. If your loved one died more than two years ago, you may have missed the deadline to file both a wrongful death claim and a survival action. However, there are limited exceptions to the statute of limitations in certain circumstances, so it’s important to consult with an attorney about your specific situation.
How much can I recover in a wrongful death case?
The amount of compensation in a wrongful death case varies significantly based on the specific circumstances. Factors that affect the amount include the deceased person’s age, earning capacity, health, the strength of family relationships, the severity of the defendant’s negligence, and the available insurance coverage. Chris Hudson Law Group has recovered significant settlements and verdicts for families in Augusta and throughout Georgia. A free consultation with the firm can help you understand what compensation may be available in your case.
Contact Chris Hudson Law Group Today
If you’ve lost a loved one due to someone else’s negligence in Augusta, Georgia, Chris Hudson Law Group is here to help with our experience. The firm understands the pain of losing a family member. We are committed to helping you pursue the compensation your family deserves. Contact Chris Hudson Law Group today for a free consultation to discuss your wrongful death claim or survival action.
Call (706) 863-6600 or visit the firm’s website to schedule your free consultation. There are no fees unless our team recovers compensation for you. Don’t wait—Georgia’s statute of limitations means you have a limited time to pursue your claim.
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