When someone dies because of another party’s negligence, Georgia law gives their family two distinct legal remedies. Most people don’t realize this. Understanding the difference between wrongful death claims and survival actions matters because each one serves a completely different purpose and compensates different losses. Your family may need to pursue both.
What A Wrongful Death Claim Is
A wrongful death claim compensates the deceased person’s family for their loss. It’s focused on what the family has lost moving forward without their loved one. The surviving spouse has the first right to file under Georgia law. No spouse? The children can file. If neither exists, the parents may bring the claim. The damages recovered belong to the family members, not the estate. Wrongful death compensation includes the full value of the deceased person’s life. Courts look at both economic and non-economic losses:
- Lost wages and benefits the person would’ve earned
- Loss of companionship and guidance
- Loss of care and protection
- The value of life itself
A Marietta wrongful death lawyer can help families understand how courts calculate these damages. Factors include age, health, earning capacity, and life expectancy.
What A Survival Action Is
Survival actions work differently. They compensate the estate for losses the deceased person experienced before death. Think about it this way. If the injured person had survived, they could’ve filed a personal injury lawsuit. The survival action lets their estate pursue those same claims after death. It’s picking up where they left off. The estate’s representative files this type of claim. Not the family members directly. Any recovery goes into the estate and gets distributed according to the will or Georgia’s intestacy laws.
Key Differences Between The Two Claims
Who files each claim differs significantly. Family members file wrongful death claims based on their relationship priority. The estate administrator or executor files survival actions. Two different people handling two different lawsuits. The damages available also vary quite a bit. Wrongful death claims focus on the family’s future losses. What they’ll miss. What they’ve lost going forward. Survival actions recover damages the deceased person themselves suffered, including:
- Medical expenses before death
- Funeral and burial costs
- Pain and suffering the person endured
- Lost wages from injury to death
You can file both claims simultaneously. In fact, many Georgia cases involve both types of lawsuits working together to provide comprehensive compensation. They’re not mutually exclusive.
Who Receives The Money
Wrongful death proceeds go directly to the family members who filed the claim. A surviving spouse must share equally with any children. It doesn’t go through probate first. Survival action proceeds go to the estate. The estate pays debts, medical bills, and funeral expenses before distributing any remaining funds to heirs. This happens according to the will or state law if there’s no will.
Why Georgia Created Two Separate Claims
The legal system recognizes that a fatal injury creates multiple types of harm. The family suffers ongoing losses. The deceased person also suffered before death. Two separate legal remedies address these different injuries. Before wrongful death statutes existed, families had no legal recourse when a loved one died from negligence. That wasn’t fair. The survival action alone wasn’t enough because it only covered the brief period between injury and death. Georgia law evolved to give families a way to recover for their long-term losses.
Statute Of Limitations Considerations
Both claims generally must be filed within two years of the death. The clock may pause if criminal charges are pending against the defendant. But you can’t count on that. Missing the two-year deadline can permanently bar your family from recovery. Johnson & Alday, LLC handles both wrongful death claims and survival actions for families throughout Cobb County. The legal process becomes less overwhelming when you understand which damages fall under each type of claim. We’ve helped dozens of families navigate these dual claims. Our team can evaluate your situation and determine the best legal strategy for your family’s specific circumstances.
Taking The Next Step
Losing someone to negligence creates financial pressures on top of emotional trauma. That’s a lot to carry. Some families hesitate to pursue legal action, unsure whether they qualify or worried about the process. A Marietta wrongful death lawyer can review your case and explain your options. Contact our office to discuss how wrongful death claims and survival actions might apply to your family’s situation. We’ll help you understand what you’re entitled to pursue.