Losing a loved one due to someone else’s negligence is an unimaginable tragedy. Families often struggle with both the emotional and financial burden that follows. In Georgia, families of deceased victims may have two legal options to seek justice: a wrongful death lawsuit and a survival action.
While both types of claims aim to hold the responsible party accountable, they serve different legal purposes. Understanding these differences can help families make informed decisions about their legal options. At The Law Office of Don Edwards, we help families in Georgia navigate these claims and fight for the compensation they deserve.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is filed by the surviving family members of a deceased victim. The purpose of this claim is to seek compensation for the losses suffered by the surviving family members due to their loved one’s death.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law allows the following individuals to file a wrongful death lawsuit, in order of priority:
The surviving spouse of the deceased
The surviving children, if there is no spouse
The surviving parents, if there are no spouse or children
The personal representative of the deceased’s estate
If the lawsuit is filed by the estate, any compensation awarded is distributed according to the deceased’s will or Georgia’s inheritance laws.
What Damages Are Recoverable in a Wrongful Death Lawsuit?
A wrongful death claim is intended to compensate surviving family members for the financial and emotional losses they have endured. Recoverable damages may include:
Lost wages and benefits that the deceased would have earned over their lifetime
Medical expenses related to the fatal injury
Funeral and burial costs
Loss of companionship, guidance, and support
Emotional suffering of the surviving family members
Wrongful death cases often require a thorough investigation to prove liability. Learn more about how negligence plays a role in wrongful death claims in The Role of Negligence in Wrongful Death Cases.
What is a Survival Action?
A survival action is different from a wrongful death lawsuit because it focuses on the pain, suffering, and financial losses the deceased person endured before their death. Instead of compensating surviving family members for their losses, a survival action seeks to recover damages on behalf of the deceased’s estate for what they personally suffered.
Who Can File a Survival Action?
A survival action can only be filed by the personal representative of the deceased’s estate. Any damages recovered in a survival action become part of the deceased’s estate and are distributed according to their will or state inheritance laws.
What Damages Are Recoverable in a Survival Action?
A survival action allows the estate to recover compensation for:
Pain and suffering the deceased experienced before passing
Medical expenses incurred before death
Lost wages from the time of injury until the time of death
Property damage if the incident involved a vehicle or other assets
Unlike a wrongful death claim, a survival action does not compensate family members for their loss—it focuses solely on what the deceased could have claimed had they survived.
Key Differences Between a Wrongful Death Lawsuit and a Survival Action
Aspect Wrongful Death Lawsuit Survival Action
Who Can File? Spouse, children, parents, or personal representative Personal representative of the estate
Who Receives Compensation? Surviving family members Deceased’s estate
What is Compensated? Family’s financial and emotional losses Deceased’s suffering and losses before death
Types of Damages Lost future income, companionship, funeral costs Pain and suffering, medical bills before death, lost wages before death
If you are unsure which type of claim applies to your case, The Law Office of Don Edwards can help determine the best legal strategy for your family.
Can a Family File Both a Wrongful Death and a Survival Action?
Yes, families can pursue both claims simultaneously if the deceased experienced pain and suffering before passing. For example, if a person was injured in a car accident and later died from their injuries, their estate could file a survival action for the suffering they endured before death, while their family could file a wrongful death lawsuit for their own losses.
However, legal complexities often arise when filing both claims, especially regarding who receives the compensation and how damages are distributed. Consulting an experienced wrongful death attorney ensures that all legal options are explored and pursued effectively.
Why Hiring a Wrongful Death Attorney is Essential
Wrongful death and survival action claims involve complex legal procedures and strict filing deadlines. Georgia’s statute of limitations generally requires these claims to be filed within two years of the person’s death. However, exceptions may apply, depending on the circumstances of the case.
An experienced attorney can:
Investigate the cause of death and gather evidence
Identify all responsible parties
Calculate the full financial impact on the surviving family
Handle negotiations with insurance companies
Represent the family in court if a settlement cannot be reached
Attorney Don Edwards has spent decades helping families seek justice for their loved ones. Learn more about steps to take if you suspect wrongful death.
Take the First Step Toward Justice
Losing a loved one is devastating, and no amount of compensation can replace them. However, pursuing legal action can help ensure that the responsible party is held accountable and that the family receives financial support for the future.
If you have lost a loved one due to someone else’s negligence, contact The Law Office of Don Edwards today for a free consultation. Our legal team is here to guide you through this challenging time and fight for the justice your loved one deserves.
For More Information
Visit https://dpelegal.com/areas-of-practice/wrongful-death/ 