What is a civil action for wrongful death?
In Georgia, an action for wrongful death is a civil action brought in court to recover money damages for the death of a family member due to the negligent or reckless conduct of another. We have asserted wrongful death claims in cases related to: tractor-trailer collisions, auto collisions, nursing home/long-term care negligence, and premises liability (murders at businesses and apartments). Who is entitled to bring an action for wrongful death in Georgia? O.C.G.A. § 51-4-2 provides that the surviving spouse of a person may bring an action for the wrongful death of the other spouse. If the decedent had no spouse, the child or children is/are the proper person/s to bring suit. If the surviving child is a minor, an adult representative of the child is appointed to pursue the action in the child’s name. The fact that a child may have been born out of wedlock does not bar that child’s right to share in the recovery. It is also important to note that if the decedent is survived by a spouse
