A wrongful death claim is a vital legal tool that allows surviving family members to seek justice when a loved one passes away due to the negligence or intentional acts of another.
At The Roth Firm, we understand that the period following a tragedy is defined by overwhelming grief. It is also the time when critical legal decisions must be made to protect your family’s future and legacy in Georgia and Tennessee.
Economic Damages: Key Takeaways
- Eligibility to file a claim is strictly prioritized by state law, typically beginning with a surviving spouse or children.
- Compensation includes economic damages such as funeral costs, which average over $7,100 in the Southeast, and lost lifetime earnings.
- Filing deadlines are strict: Tennessee provides only one year, and Georgia provides two years to initiate a wrongful death claim.
Who Has Standing to File a Claim?
Determining who has the legal right, or “standing,” to bring a case is the first step in the process. Georgia and Tennessee have specific hierarchies to ensure the recovery benefits those most affected by the loss. These laws are designed to prevent multiple competing lawsuits and to protect the financial interests of the immediate family.
Priority of Filers in Georgia
Under Georgia Code, Section 51-4-2, the right to file belongs first to the surviving spouse. If the couple had children, the spouse must share the recovery. The law guarantees the spouse at least one-third of the total recovery amount. If there is no spouse, the children file. If there are no children, the parents are next in line.
Filing Rights in Tennessee
Tennessee Code, Section 20-5-106, also prioritizes the spouse. However, Tennessee is unique in that it includes abandonment rules. If a spouse has been willfully absent for two years, their right to file may be waived in favor of the children or next of kin. If no immediate family members are available, the estate’s administrator can file the action in the heirs’ name.
Recoverable Damages: Economic and Non-Economic
The legal system aims to compensate for the “full value of the life” lost. This involves a two-pronged approach to calculating damages. Our goal is to ensure that the compensation reflects the full impact of your loss, both financial and emotional.
Tangible Financial Losses
Economic damages are the objective costs tied to the death. This includes medical expenses incurred between the injury and death, as well as funeral and burial costs. In 2025, industry data from CareCredit shows the average cost of a traditional funeral with burial is approximately $7,213 in Georgia and $7,152 in Tennessee. This category also covers the lost wages and fringe benefits the deceased would have earned over their working life.
Intangible Human Value
Non-economic damages address the human cost. This includes loss of companionship, guidance, and the mental anguish suffered by survivors. While Georgia does not cap these damages, Tennessee generally limits non-economic awards to $750,000. This limit can increase to $1 million if the deceased left behind minor children. These funds help families maintain their quality of life after losing a primary supporter.
Statute of Limitations: Why Time is of the Essence
The statute of limitations is a strict deadline that dictates how long you have to file a lawsuit. Once this window closes, you lose your right to seek compensation forever. It is one of the most critical reasons to consult with a legal professional early in the process.
Deadlines in Georgia
In Georgia, you generally have two years from the date of death to file. However, if there is a pending criminal case related to the death, such as a DUI or reckless driving charge, this clock can be “tolled” or paused. This pause can last for up to six years until the criminal matter is resolved. This provides families with additional time while waiting for a criminal conviction.
Deadlines in Tennessee
Tennessee has one of the strictest deadlines in the country. You usually have only one year from the date of the injury to file your wrongful death claim. Note that the clock often starts on the date of the accident, even if the passing occurred later. Because evidence can disappear and memories fade, it is vital to contact a wrongful death lawyer as soon as possible to preserve your rights.
Common Wrongful Death Case Examples
While any negligent act can lead to a claim, most cases involve transportation accidents where a duty of care was breached. We have extensive experience investigating these specific types of tragedies.
- Passenger Vehicle Accidents: Speeding and distracted driving remain leading causes of tragedy. In 2025, the NHTSA reported that over 17,000 people died on U.S. roads in just six months (January to June 2025). These figures highlight the persistent danger of driver negligence.
- Commercial Trucking Wrecks: These accidents are often fatal due to the massive weight of 18-wheelers. Investigations into these cases often reveal that trucking companies pressured drivers to violate safety regulations. They may also fail to properly maintain their fleets.
Role of Punitive Damages in Wrongful Death
Punitive damages are not meant to compensate the family. They are meant to punish the wrongdoer. These are reserved for cases of gross negligence or intentional misconduct. They serve as a deterrent, preventing others from acting with the same disregard for life.
For example, if a trucking company knowingly hired a driver with a history of safety violations, a jury might award punitive damages. In Georgia, there is no cap on punitive damages if the defendant was impaired by alcohol or drugs at the time of the incident. This ensures the penalty matches the severity of the reckless behavior.
Survival Actions vs. Wrongful Death
It is a common point of confusion: what is a survival action? While a wrongful death claim compensates the family for their loss, a survival action allows the estate to recover for the pain and suffering the deceased experienced before they passed. This ensures that the at-fault party is held responsible for every moment of harm they caused. The funds from a survival action are typically distributed to the estate to cover debts and taxes before distribution.
Comparative Fault: What if the Deceased Was Partially Responsible?
Both Georgia and Tennessee follow modified comparative negligence rules. This means that if the deceased person was partially at fault for the accident, any settlement will be reduced by their percentage of fault. If the deceased is found to be 50% or more at fault for the accident, the family is barred from recovering any damages. A thorough investigation is required to prove that the other party bore the primary responsibility.
Contact The Roth Firm for a Free Case Evaluation
If you are facing the unthinkable, you do not have to carry the legal burden alone. Our attorneys are dedicated to providing the support and representation your family needs to move forward with dignity. We offer a shoulder to lean on and a powerful voice in the courtroom.
Contact The Roth Firm today to schedule a free, compassionate consultation (in-person or virtual). Call (404) 640-5761.
Loss of Companionship: Bottom Line
Filing a wrongful death claim is about more than just financial recovery. It is about seeking the truth and ensuring your loved one’s life is valued appropriately. By working with a dedicated wrongful death lawyer, you ensure that the legal complexities are handled with care. This gives your family the space to focus on healing and honoring the memory of those you have lost.
Wrongful Death Claim: FAQ
Navigating the legal system after a loss can be confusing, which is why we have addressed some of the most common questions about wrongful death claims.
Can a fiancé or domestic partner file a claim? In most cases, the law requires a legal marriage or blood relation. A partner may be involved if they are named the executor of the estate, but they do not have automatic standing as a spouse.
What if the at-fault party is a government agency? Claims against cities or counties have much shorter notice requirements. In Georgia, you may have as little as six months to provide formal notice of your intent to sue.
Is the settlement money taxable? Generally, compensatory damages in wrongful death cases are not considered taxable income by the IRS. However, punitive damages may be subject to different tax rules.
How do you value loss of companionship? This is determined through testimony about the relationship and the role the deceased played in their family’s daily life. It considers the advice, care, and emotional support that are now missing.
Do these cases always go to trial? No, many cases settle through negotiation before trial. However, we prepare every case as if it is going to trial to ensure the strongest possible bargaining position.
About The Roth Firm
The Roth Firm is a boutique personal injury law firm serving families in Atlanta, Nashville, and beyond. We are committed to a high-results, high-heart approach. We treat every client like family while fighting for every dollar they deserve. With millions recovered for our clients, we have the experience and resources to handle even the most complex cases. Learn more about our team and our mission to provide justice for those who need it most