When a loved one dies due to someone else’s negligence or wrongful act, the pain is overwhelming. You may wonder if you have the right to pursue a wrongful death lawsuit in Augusta, Georgia. Georgia law does allow families to seek compensation, but not everyone who is close to the deceased can file a claim. Understanding who can file a wrongful death lawsuit in Augusta, GA, is the first step toward protecting your family’s rights and securing the compensation you deserve. At Chris Hudson Law Group, we help grieving families handle these complex legal matters.
Why Choose Chris Hudson Law Group for Your Wrongful Death Claim
Losing a family member is devastating, and handling the legal system while grieving adds another layer of stress. Chris Hudson Law Group understands what you’re going through, and we’re here to help. Our personal injury attorneys have extensive experience handling wrongful death cases across Georgia.
Our firm has recovered substantial compensation for families who lost loved ones. In one case, we secured a $1,250,000 settlement for the family of a 23-year-old male killed in an automobile collision in Evans, Georgia. In another matter, we obtained an undisclosed settlement plus real estate for families who lost two loved ones in a mobile home fire caused by code violations. We also recovered $230,000 for a family whose loved one died in an electrical fire caused by a landlord’s negligence. View our complete case results and settlements to see how we’ve helped other families. Our testimonials reflect the trust families place in us during their most difficult times.
Our lawyers work on a contingency fee basis, which means you pay nothing up front. We only get paid if you recover compensation. We also offer free consultations so you can discuss your case without any financial obligation. Our team is available to answer your questions and explain your rights. Whether you’re dealing with a pedestrian accident, motorcycle accident, or other type of fatal incident, we’re here to help.
Our Lawyers
Christopher Hudson, the founder of Chris Hudson Law Group, spent years working as an insurance defense attorney before switching to represent injured people and grieving families. This background gives him unique insight into how insurance companies think and operate. He knows their tactics, their arguments, and how to counter them effectively. Christopher Hudson is recognized on Super Lawyers and maintains an excellent rating on Avvo, demonstrating his commitment to client advocacy and legal excellence. He is also listed on Martindale-Hubbell, a trusted legal directory.
Understanding Wrongful Death in Georgia
A wrongful death claim arises when someone’s negligent or intentional actions cause another person’s death. Under Georgia law, specifically O.C.G.A. § 51-4-2 and § 51-4-5, only certain family members have the legal right to file a wrongful death lawsuit. This is different from a survival action, which allows the deceased’s estate to recover damages for injuries the person suffered before death.
Georgia law recognizes that not every person who is close to the victim has standing to file. The state has established a strict priority order that determines who can bring a wrongful death claim. This hierarchy ensures that the law treats all families fairly and consistently. Whether your case involves a car accident, truck accident, or other negligent act, the priority order remains the same.
One critical deadline to remember is Georgia’s statute of limitations. You have two years from the date of death to file a wrongful death lawsuit. This timeline is strict, and missing it can mean losing your right to pursue compensation forever. In some cases involving medical malpractice or government entities, different rules may apply, but the two-year window is the standard for most wrongful death claims. For more details on timing requirements, see our guide on the statute of limitations for wrongful death lawsuits in Augusta, Georgia.
The Priority Order for Filing a Wrongful Death Claim
Georgia law establishes a clear hierarchy for who can file a wrongful death lawsuit. Understanding this priority order is essential because only the person or people at the appropriate level can bring the claim. This legal framework protects the interests of all potential beneficiaries while ensuring the orderly resolution of claims.
Surviving Spouse (First Priority)
The surviving spouse has the first right to file a wrongful death lawsuit. If the deceased was married at the time of death, the spouse can file alone without needing permission from other family members. The surviving spouse typically receives at least one-third of any recovery, though the exact amount depends on the circumstances and other beneficiaries involved.
For more information on how compensation is calculated, see our article on how wrongful death compensation is calculated in Augusta, Georgia. Understanding loss of consortium claims is particularly important for surviving spouses.
Children of the Deceased (Second Priority)
If there is no surviving spouse, the children of the deceased can file a wrongful death claim. This includes biological children and legally adopted children. If the deceased had minor children, a parent or legal guardian must act as conservator of any compensation awarded. The children’s share of the recovery is typically divided equally among them. Our firm has experience handling cases involving personal injury claims for minors, ensuring their interests are fully protected.
Parents of the Deceased (Third Priority)
Parents can file a wrongful death lawsuit only if the deceased had no surviving spouse or children. Both parents can file jointly, or one parent can file on behalf of both. This priority level recognizes that adult children without spouses or children of their own still have parents who depend on them and suffer loss from their death. In cases where the deceased was involved in a burn injury or other catastrophic incident, parents may be entitled to significant compensation.
Estate Representative (Fourth Priority)
If no spouse, children, or parents are available to file, the executor or administrator of the deceased’s estate can bring a wrongful death claim. The estate representative acts on behalf of the estate and any potential beneficiaries. This ensures that even in complex family situations, the deceased’s interests are represented and compensation can be recovered.
What Damages Can Be Recovered in a Wrongful Death Case
Wrongful death damages fall into two main categories: economic and non-economic damages. Understanding these categories helps families evaluate settlement offers and understand the full scope of their potential recovery.
- Economic damages include tangible financial losses such as medical bills incurred before death, funeral and burial expenses, lost wages and income the deceased would have earned, and loss of financial support the family relied on. These damages are calculated based on actual expenses and lost income. Our attorneys work with financial experts to ensure all economic losses are properly documented and valued.
- Non-economic damages compensate for intangible losses such as loss of companionship, loss of consortium (the loss of the relationship between spouses), and the emotional pain and suffering experienced by the family. These damages are more subjective and vary based on the relationship between the deceased and the beneficiary. We also help families understand loss of enjoyment of life compensation and other non-economic damages.
The amount of damages recovered often depends on the relationship to the deceased. A surviving spouse typically receives a larger portion than adult children or parents, reflecting the nature and depth of the relationship. In cases involving spinal cord injuries or brain injuries that result in death, damages may be particularly substantial.
How Long Do You Have to File a Wrongful Death Lawsuit?
Time is critical in wrongful death cases. Georgia law gives you two years from the date of death to file a wrongful death lawsuit. This statute of limitations applies to most wrongful death claims, including those from car accidents, truck accidents, and premises liability. Understanding how long you have to file a personal injury claim is essential for protecting your rights.
Georgia’s two-year statute of limitations for wrongful death is strictly enforced from the date of death. The discovery rule does not apply to wrongful death cases in Georgia. This means the deadline begins on the date of death. It does not matter when the family discovers the death may have resulted from someone else’s wrongful conduct. This is why immediate action is critical.
Medical malpractice cases have special rules. In Georgia, you generally have two years from the date of death. The discovery rule may apply if the malpractice was not immediately obvious. If you believe medical negligence caused your loved one’s death, contact us immediately to discuss your options.
If a government entity or employee caused the death, you must provide notice within six to twelve months. The specific timeframe depends on the circumstances. Failure to provide proper notice can bar your claim entirely. This is a critical procedural requirement that requires experienced legal guidance.
Contact an attorney as soon as possible after a loved one’s death. The sooner you reach out, the sooner Chris Hudson Law Group can begin investigating your case. We work to protect your rights during this difficult time. Learn more about how to file a personal injury lawsuit in Georgia to understand the full process.
Call (706) 863-6600 for a free consultation about your wrongful death claim.
Frequently Asked Questions About Wrongful Death Claims
Can a grandparent file a wrongful death lawsuit in Georgia?
Generally, no. Grandparents do not have standing to file a wrongful death lawsuit unless they are the legal guardian or conservator of a minor grandchild. In that case, they would file on behalf of the child, not in their own capacity as grandparents. However, if you believe you have a claim, our attorneys can review your specific situation.
What if the deceased had no spouse or children—can parents file?
Yes. If the deceased had no surviving spouse or children, the parents can file a wrongful death lawsuit. This follows Georgia’s priority order, which recognizes that parents suffer loss when an adult child dies, even if that child had no spouse or children of their own. Our firm has successfully represented parents in these situations.
How much does it cost to file a wrongful death lawsuit in Augusta?
Chris Hudson Law Group works on a contingency fee basis, which means there are no upfront costs. We only collect a fee if you recover compensation. We also offer free consultations so you can discuss your case and learn about your options without any financial obligation. Learn more about how much lawyers usually take from a settlement to understand our fee structure.
Contact Chris Hudson Law Group for a Free Wrongful Death Consultation
If you’ve lost a loved one due to someone else’s negligence or wrongful act, you don’t have to face this alone. Chris Hudson Law Group is here to help you understand your rights and pursue the compensation your family deserves. Our Augusta, Georgia, personal injury lawyers are ready to fight for your family.
Call (706) 863-6600 today to schedule your free consultation. We’re available to discuss your case, answer your questions, and explain how we can help. Our compassionate team understands what you’re going through, and we’re committed to fighting for your family’s rights. We also serve clients in Thomson, Evans, and Grovetown.