Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).

Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.

Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).

In Georgia, wrongful death claims are governed by the Georgia Wrongful Death Act, which allows certain family members or the estate of the deceased to seek compensation for the wrongful death of a loved one. The claim can be filed when the death is caused by the negligent, reckless, intentional, or criminal acts of another person or entity. The parties eligible to file a wrongful death claim in Georgia are, in order of priority, the spouse of the deceased, the children of the deceased if there is no spouse, the parents of the deceased if there are no children or spouse, and the executor or administrator of the deceased's estate if there are no immediate family members. Damages that may be recovered include the 'full value of the life of the deceased,' which covers both economic and non-economic factors, such as lost wages and benefits as well as the intangible value of the life itself. Additionally, the estate may recover for medical and funeral expenses, as well as pain and suffering endured by the deceased prior to death. It is important for those considering a wrongful death claim in Georgia to consult with an attorney to understand the specific nuances of the state's laws and to ensure that the claim is filed within the applicable statute of limitations, which is generally two years from the date of death.