When someone dies because of another person’s wrongful act, Georgia law lets certain family members sue for the “full value of the life” of the person who died. The surviving spouse has the first right to sue. If there is no spouse, the children can sue. If there is neither, the estate’s representative can bring the claim.
What the Law Says
O.C.G.A. § 51-4-1, Definitions, states in part:
(1) “Full value of the life of the decedent, as shown by the evidence” means the full value of the life of the decedent without deducting for any of the necessary or personal expenses of the decedent had he lived.
O.C.G.A. § 51-4-2, Persons entitled to bring action for wrongful death of spouse or parent, states in part:
(a) The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.
Subsection (d) explains how the money is split:
(d)(1) Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes.
(2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-third of such recovery as such spouse’s share. If there is no surviving spouse, the amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the children per capita, and the descendants of children shall take per stirpes.
O.C.G.A. § 51-4-4, Recovery for homicide of child, states:
The right to recover for the homicide of a child shall be as provided in Code Section 19-7-1 and Code Section 53-1-5.
O.C.G.A. § 51-4-5, Recovery by administrator or executor, states:
(a) When there is no person entitled to bring an action for the wrongful death of a decedent under Code Section 51-4-2 or 51-4-4, the administrator or executor of the decedent may bring an action for and may recover and hold the amount recovered for the benefit of the next of kin. In any such case the amount of the recovery shall be the full value of the life of the decedent.
(b) When death of a human being results from a crime or from criminal or other negligence, the personal representative of the deceased person shall be entitled to recover for the funeral, medical, and other necessary expenses resulting from the injury and death of the deceased person.
You can read the full statutes on the Georgia General Assembly’s official code site.
In Plain English
A “wrongful death” claim is a lawsuit over a death caused by someone else’s wrongful act. The statute uses the older word “homicide.” In this law, homicide includes deaths caused by a crime, by negligence, or by a defective product. It is not limited to murder. A car crash, a fall, or medical malpractice can all lead to a wrongful death claim. The person who died is called the “decedent.”
Georgia’s rules on who can sue follow a strict order. The surviving spouse comes first. If there is no spouse, the children can sue. This includes adult children and minor children. If a minor child sues and there is no spouse, the child’s guardian must get court approval of any settlement under O.C.G.A. § 29-3-3. A child born outside of marriage can still recover if the child had inheritance rights from the parent.
When a child dies, the right to sue is set out in a different code section, 19-7-1. That section generally gives the right to the child’s parents. When there is no spouse, child, or parent with a right to sue, the executor or administrator of the estate can sue. The estate holds the money for the next of kin.
The measure of damages is the “full value of the life of the decedent.” This has two parts. The first part is economic. It covers what the person likely would have earned over a normal lifetime. The statute says you do not subtract what the person would have spent on their own living expenses. The second part is noneconomic. It covers the value of the person’s life from the person’s own point of view. That includes the loss of family relationships, hobbies, and the simple experiences of living. Georgia courts have long held that this value is measured from the decedent’s perspective, not from the family’s grief.
The money is divided by the statute. The spouse and children share equally, but the spouse never gets less than one-third. For example, a spouse and four children would split the award five ways at first glance. But the spouse’s share would be raised to one-third. If a child has already died, that child’s own children take the child’s share. Subsection (e) protects the award. It cannot be taken by the decedent’s creditors.
The estate has a separate claim under 51-4-5(b). The estate can recover funeral bills, medical bills, and other costs caused by the injury and death. The estate can also bring a claim for the decedent’s own pain and suffering before death. That is called a survival action and is governed by other statutes.
The deadline to file a wrongful death lawsuit is generally two years from the date of death. For more on Georgia wrongful death claims in general, see our wrongful death overview.
Example
James, age 45, is killed in a truck crash on I-75 near Valdosta on February 2, 2026. He leaves a wife, Denise, and three children: Marcus, 20; Tia, 16; and Jordan, 12. James earned $65,000 a year as an electrician.
Denise, as the surviving spouse, brings the wrongful death claim. Her lawyer presents evidence of James’s lost future earnings, which an expert puts at $1.4 million. Her lawyer also presents evidence about James’s love of coaching Jordan’s baseball team, his weekend fishing trips with Marcus, and his role in the family. The jury awards $4 million for the full value of James’s life.
By statute, the award is split among Denise and the three children. Divided four ways, each would get $1 million. That is less than one-third for Denise, so her share is raised to one-third, about $1.33 million. The children split the rest. Tia and Jordan are minors, so their shares must be handled under the minor settlement rules. Separately, James’s estate recovers $18,000 for funeral costs and $52,000 for his hospital bills.
Key Points to Remember
- The surviving spouse has the first right to bring a wrongful death claim.
- If there is no spouse, the children can sue; if a child died, the parents’ rights are under O.C.G.A. § 19-7-1.
- If no family member can sue, the estate’s executor or administrator can bring the claim.
- Damages are the full value of the decedent’s life, with no deduction for personal living expenses.
- The award is split among the spouse and children, but the spouse gets at least one-third.
- The award is protected from the decedent’s debts.
- The estate has a separate claim for funeral and medical expenses.
Related Georgia Laws
- Georgia Personal Injury Statute of Limitations
- Court Approval of Minors’ Settlements in Georgia
- No Cap on Compensatory Damages in Georgia
- Georgia’s Rule on Arguing a Dollar Value for Pain and Suffering
- Georgia’s 50 Percent Comparative Negligence Rule
- Wrongful Death in Georgia
- Damages in Georgia Injury Cases
- Auto Accidents
Official Sources
- Official Code of Georgia Annotated – Georgia General Assembly – search for sections 51-4-1, 51-4-2, 51-4-4, and 51-4-5
This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.