Wrongful Death | Metro Atlanta and Georgia
Losing a Loved One Changes Everything. Learn Who Can Bring a Claim.
Ugwonali Law Group explains how Georgia wrongful death claims work, who may be involved, and what families can expect from the legal process. Your first consultation is free and confidential, with no obligation to continue.
By Adanna Ugwonali · Published October 26, 2026
The short answer: who can bring a wrongful death claim in Georgia
Under Georgia law, the surviving spouse can bring a wrongful death claim first. If there is no surviving spouse, the deceased person’s child or children can bring it.
The main rule sits in O.C.G.A. § 51-4-2. It lets these relatives recover the full value of the decedent’s life, as shown by the evidence. The law names specific family members because it sets clear lines. It doesn’t leave the question open.
Families often ask this in the first days after a loss. The answer shapes who can file, who shares any recovery, and what paperwork comes next.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
The order of who may bring the claim
The surviving spouse comes first. Children come next only when there is no surviving spouse. The statute says a surviving spouse may recover for the death of a spouse or parent. If there is no surviving spouse, a child or children may recover, whether they are minors or adults.
The statute also sets how money is shared. When a spouse survives with children, the recovery is divided among them. The spouse always receives at least one-third. Without a surviving spouse, the children share the recovery equally, per capita, and a deceased child’s descendants take that child’s share.
The statute says this recovery is not subject to the debts or liabilities of the person who died or of the estate. A child’s death follows a separate rule. O.C.G.A. § 51-4-4 says the right to recover for a child’s wrongful death follows other Georgia code sections.
What the personal representative does
The personal representative is the person who manages a deceased person’s estate. This is usually an executor named in a will. If there is no will, it is usually an administrator.
Under O.C.G.A. § 51-4-5, when no one is entitled to sue under Code Section 51-4-2 or 51-4-4, the administrator or executor may bring the action for the next of kin. The recovery is the full value of the decedent’s life.
A personal injury claim can also survive. Under O.C.G.A. § 9-2-41, a claim for injury to the person does not end when either party dies. If there is no right of survivorship in any other person, that claim passes to the personal representative. The statute provides that there shall be no punitive damages against the personal representative of a wrongdoer who dies before an action has been brought against him.
Who serves, and how, depends on the facts. A will, the family tree, and the court records all matter.
Why the order and the right to sue can matter to a family
The statute says the claim goes to the personal representative of the deceased plaintiff when no other person has a right of survivorship. So the order matters even when relatives disagree about who should lead. A family may need to sort out that question before a claim can move forward.
Delay is a real risk. A slow start can happen when no one is sure who holds the right. Confirming the right person early can help avoid lost time during a hard season.
A wrongful death claim is separate from any injury claim the person had before dying. The two may be handled differently, so families should ask about both.
Time limits also matter. Under O.C.G.A. § 9-3-33, Georgia’s general limit for injury-to-the-person claims is two years after the right of action accrues. Under O.C.G.A. § 9-3-99, for a tort claim brought by the victim of an alleged crime committed in Georgia, that period is tolled from the date of the crime until the prosecution has become final or otherwise terminated. That tolling cannot exceed six years, except as § 9-3-33.1 provides.
Common situations families ask about
Does a surviving spouse share the recovery with children?
Yes. The recovery is divided equally among the spouse and the children, a deceased child’s descendants take that child’s share, and the spouse receives no less than one-third. This follows O.C.G.A. § 51-4-2.
What if the person had no spouse?
If there is no surviving spouse, the children may bring the claim and share the recovery equally, per capita, and a deceased child’s descendants take that child’s share. The statute treats them per capita.
What if there is no spouse and no children?
When there is no person entitled to bring a wrongful death action under O.C.G.A. § 51-4-2 or § 51-4-4, the personal representative may bring the claim for the next of kin under O.C.G.A. § 51-4-5. Each family’s facts shape how this plays out, including the decedent’s marital status and family relationships.
Who can recover funeral costs?
When death results from a crime or from criminal or other negligence, the personal representative may recover funeral, medical, and other necessary expenses under Code Section 51-4-5. Keep receipts and bills from the start.
What families should gather and understand early
Start with a few basic items. Gather the death certificate, any will, a list of surviving relatives, and the names of people who may serve as personal representative. These papers help clarify who holds the right to act.
Death records also matter. Police reports, autopsy findings, and medical records often shape how a claim is evaluated.
Fault is another issue. Under O.C.G.A. § 51-12-33, damages are reduced by the plaintiff’s share of fault. A plaintiff who is 50 percent or more responsible may not receive damages.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Talking with the Ugwonali Law Group intake team
We understand that you may be reading this in the middle of a loss. You may be making decisions for family members while you grieve.
You don’t have to work out who holds the right to sue on your own. Our team can talk through your family’s facts, including who may hold the right and what the time limit may be. Ugwonali Law Group offers a free first consultation, which is confidential and without obligation to continue.
Intake is available in English or Spanish. The firm’s office is at 3400 Peachtree Road NE, Atlanta, Georgia. You can reach the intake team through our contact page.
Disclaimer and responsible lawyer
This page is general information about Georgia law. It is not legal advice. Reading it does not create an attorney-client relationship.
The responsible lawyer for this page is Adanna Ugwonali of Ugwonali Law Group, 3400 Peachtree Road NE, Atlanta, Georgia. Contact the firm through our contact page.
Statutes and deadlines described here may change. Check current law against the facts of a specific case.
How our team supports families
Plain-language guidance
We explain the legal and medical steps in clear terms, so you always know what is happening and why.
Support for the whole family
We help families understand who may be involved in a claim and how each person's role is handled.
English or Spanish
Our intake staff can speak with you in English or Spanish, from your first call onward.
Focused on serious cases
Our firm focuses on serious injuries and wrongful death in truck crashes, car crashes, and unsafe-property incidents across Atlanta and Georgia.
Start gathering documents now
Keep copies of hospital and medical records, the death certificate, accident or police reports, and any letters or bills you receive. These records help us understand what happened and how it affected your family.
Family members often involved in a claim
Surviving spouse
A spouse is often central to a wrongful death case. We explain how a spouse's role relates to the rest of the family.
Children
Adult and minor children of the person who died may have questions about their role, and we walk through them one at a time.
Parents
Parents who have lost an adult child face especially difficult questions. We listen first and then explain the options that may apply.
Personal representative
Georgia law also addresses the person who handles a claim on behalf of the family. We explain how this role works in practice.