[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/bayukpratt.com\/blog\/wrongful-death-actions-vs-survival-actions-in-georgia\/#BlogPosting","mainEntityOfPage":"https:\/\/bayukpratt.com\/blog\/wrongful-death-actions-vs-survival-actions-in-georgia\/","headline":"Wrongful Death Actions vs. Survival Actions in Georgia","name":"Wrongful Death Actions vs. Survival Actions in Georgia","description":"Wrongful death actions are legal claims that can result in surviving family members recovering compensation for the financial and personal losses they incur due to a loved one\u2019s death. On the other hand, survival actions represent the continuation of personal injury claims the deceased person could have pursued had they survived their injuries. After a […]","datePublished":"2025-04-29","dateModified":"2025-11-12","author":{"@type":"Person","@id":"https:\/\/bayukpratt.com\/blog\/author\/christopher-lambden\/#Person","name":"Christopher Lambden","url":"https:\/\/bayukpratt.com\/blog\/author\/christopher-lambden\/","identifier":31,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/7875bda50c804124c5d5aed6598c2eeedfa168c315c4737a591f3f7ccddec192?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/7875bda50c804124c5d5aed6598c2eeedfa168c315c4737a591f3f7ccddec192?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Bayuk Pratt LLC","logo":{"@type":"ImageObject","@id":"https:\/\/bayukpratt.com\/wp-content\/uploads\/2023\/10\/bayuk-pratt-black-logo.svg","url":"https:\/\/bayukpratt.com\/wp-content\/uploads\/2023\/10\/bayuk-pratt-black-logo.svg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/bayukpratt.com\/wp-content\/uploads\/2025\/02\/widow-cryng.jpg","url":"https:\/\/bayukpratt.com\/wp-content\/uploads\/2025\/02\/widow-cryng.jpg","height":667,"width":1000},"url":"https:\/\/bayukpratt.com\/blog\/wrongful-death-actions-vs-survival-actions-in-georgia\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=5SoL4pDbJWE#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=5SoL4pDbJWE","name":"Wrongful Death Actions vs. Survival Actions in Georgia - Bayuk Pratt LLC","description":"At Bayuk Pratt, our battle-tested personal injury lawyers know what it takes to demand and win maximum compensation. We use insider experience to tackle the most complex cases, with $300M recovered for Atlanta accident victims.\n\nFor more information, please visit: https:\/\/bayukpratt.com\/blog\/wrongful-death-actions-vs-survival-actions-in-georgia\/\n\nBayuk Pratt LLC\n4401 Northside Parkway NW\nSuite 390\nAtlanta, Georgia 30327\n404-500-2669","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/5SoL4pDbJWE\/default.jpg","https:\/\/i.ytimg.com\/vi\/5SoL4pDbJWE\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/5SoL4pDbJWE\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/5SoL4pDbJWE\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/5SoL4pDbJWE\/maxresdefault.jpg"],"uploadDate":"2025-04-28T23:57:03+00:00","duration":"PT2M49S","embedUrl":"https:\/\/www.youtube.com\/embed\/5SoL4pDbJWE","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UC7GEX5HJjqECFo0kfJciRgg#Organization","url":"https:\/\/www.youtube.com\/channel\/UC7GEX5HJjqECFo0kfJciRgg","name":"Bayuk Pratt LLC","description":"At Bayuk Pratt, we use 50-plus years of combined experience to fight for maximum compensation for Atlanta accident injury victims \u2014 and win it. We provide our clients with an insider\u2019s advantage not available anywhere else, resulting in over $300 million recovered for clients.\n\nOur founders, Frank Bayuk and Bradley Pratt, are former high-stakes defense lawyers. They have a deep understanding of the tactics giant corporations and their insurers use to undercut or deny compensation in motor vehicle injury, catastrophic accidents, and civil claims. 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On the other hand, survival actions represent the continuation of personal injury claims the deceased person could have pursued had they survived their injuries.After a person dies because of someone else\u2019s negligence or other fault, their family may have legal claims against the at-fault party to recover losses due to their loved one\u2019s death. Understanding the distinction between wrongful death and survival actions can help the families of people whose deaths occur due to the fault of others maximize their financial recovery and seek justice for the harm and loss they have endured.\ufeffWhat Are Some Accidents That Could Result in a Wrongful Death?A wrongful death claim can arise from many of the same accidents that lead to personal injury claims. Fatal injuries caused by such accidents can give a deceased accident victim\u2019s family the right to pursue a wrongful death action.Examples of accidents that may result in wrongful death include:Car accidentsTruck accidentsBicycle accidentsMotorcycle accidentsBus accidentPedestrian accidentsSlip and fall accidentsProduct liability (dangerous or defective product) accidentsMedical malpractice.Wrongful death lawsuits may also arise from other persons\u2019 criminal activity, such as shooting crimes or homicides. Get in touch with our Georgia wrongful death lawyer today.Who Can File a Wrongful Death Lawsuit in Georgia?In Georgia, the law authorizes specific individuals to pursue wrongful death claims on behalf of a decedent\u2019s surviving family members. By default, a surviving spouse may file a wrongful death lawsuit for their deceased spouse\u2019s passing. Alternatively, surviving adult children can file a wrongful death claim.When a decedent leaves no surviving spouse and has only minor children, a natural guardian or next friend of the minor children may seek an appointment as a conservator to receive compensation for the wrongful death claim. When a minor child passes away, the child\u2019s natural or legal parents may pursue a wrongful death claim.When a surviving spouse pursues a wrongful death claim, they may agree to a settlement without the consent of the decedent\u2019s children or their representatives if the surviving spouse and children divide the recovery equally (with the surviving spouse receiving at least a one-third share).Sometimes, no eligible family member survives the decedent. In that case, the law allows the administrator or executor of the decedent\u2019s estate to bring a wrongful death suit and recover compensation for the next of kin.Who Can File a Survival Action in Georgia?The right to recover compensation through a wrongful death action belongs to a decedent\u2019s surviving spouse, children, parent(s), or next of kin. Conversely, a survival action seeks compensation for the decedent and their estate. As a result, the personal representative (administrator or executor) of the decedent\u2019s estate must file or maintain the survival action claim after the decedent\u2019s passing.Although the personal representative has the authority to file and pursue a survival action, any compensation recovered in the survival action goes to the decedent\u2019s estate. This compensation becomes an asset of the estate subject to the payment of estate debts or expenses and for distribution to the decedent\u2019s beneficiaries or heirs. Our Atlanta wrongful death lawyer can assist.What Sort of Compensation Could Be Paid for Either of These Actions?A wrongful death action compensates a decedent\u2019s surviving family members, while a survival action claim compensates the decedent\u2019s estate. So, wrongful death and survival actions pursue compensation for different types of losses.In a wrongful death action, family members can seek compensation for the \u201cfull value of the life of the decedent.\u201d This value can include the financial and emotional losses family members endure due to their loved one\u2019s death. Wrongful death compensation may include money for:Loss of the decedent\u2019s wages and employment benefits, including financial contributions they would have made to the family had they livedLoss of the value of the decedent\u2019s services to the family or household, such as childcare or household maintenanceLoss of the decedent\u2019s care, companionship, and counsel.Unlike a wrongful death suit, a survival action claim seeks compensation for losses the decedent would have had the right to pursue in a personal injury claim if they had lived, plus financial losses incurred by the decedent\u2019s estate due to their death. The compensation may include:Loss of wages for the time between the decedent\u2019s final injury or onset of illness and their deathMedical expenses incurred to treat the final injury or illnessReasonable funeral and burial expensesOther financial expenses incurred due to the decedent\u2019s injury or illness resulting in death.In rare cases, a wrongful death suit and survival action claim may also seek the recovery of punitive damages. A jury may award punitive damages if it finds that a defendant acted with willful misconduct, malice, or wanton disregard for others\u2019 rights and safety. Punitive damages do not compensate for losses. Instead, they punish the defendant and deter others from engaging in similar conduct.What Is the Statute of Limitations in Georgia for Either of These Types of Claims?Under Georgia\u2019s statute of limitations for wrongful death actions, you typically have two years after a loved one\u2019s death to file a lawsuit against the party or parties responsible for causing their death. However, various circumstances can affect the deadline for filing, such as when a decedent\u2019s death occurs due to another party\u2019s criminal activity or when no one has petitioned to probate the decedent\u2019s estate. A decedent\u2019s personal representative must file a survival action within two years of the date the decedent suffered their fatal injury or illness.Because the law limits the time for filing wrongful death and survival action claims, families can best protect their rights and interests by speaking with a personal injury attorney as soon as possible after a loved one\u2019s passing to evaluate their legal rights and options.Contact a Georgia Personal Injury LawyerIf your loved one\u2019s death occurred due to another party\u2019s careless or reckless actions, you will need experienced legal counsel and advocacy to pursue accountability and justice through wrongful death and survival action claims.At Bayuk Pratt, we are a small practice with a significant advantage: two of the sharpest attorneys with the insider experience needed to win big cases, including cases involving wrongful death. To learn more about your legal rights and options, contact us today and receive a free consultation with a knowledgeable Georgia personal injury lawyer."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/bayukpratt.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Wrongful Death Actions vs. Survival Actions in Georgia","item":"https:\/\/bayukpratt.com\/blog\/wrongful-death-actions-vs-survival-actions-in-georgia\/#breadcrumbitem"}]}]