What Is a Wrongful Death Claim—and How Is It Different from a Criminal Case in Georgia?

Losing a loved one unexpectedly can leave families with overwhelming grief and difficult legal questions. In Georgia, surviving family members may have the right to pursue a wrongful death claim if someone else’s negligence or misconduct caused the death. Understanding how this civil action differs from a criminal case can help families determine their legal options.

What Is a Wrongful Death Claim?

A wrongful death claim in Georgia is a civil lawsuit filed by surviving family members—such as a spouse, children, or parents—when a loved one’s death is caused by another party’s negligence, recklessness, or intentional actions. Examples include fatal car accidents, medical malpractice, defective products, or unsafe premises.

The goal of a wrongful death case is to compensate the family for their loss. This may include damages for:

• The full value of the deceased person’s life (economic and intangible losses).
• Funeral and burial expenses.
• Medical costs related to the final injury.

How It Differs from a Criminal Case

While both wrongful death claims and criminal cases may arise from the same incident, they serve different purposes:

• Wrongful Death Claim (Civil Case):
• Brought by family members of the deceased.
• Seeks financial compensation.
• Requires proof by a “preponderance of the evidence” (more likely than not).
• Criminal Case:
• Brought by the state against the accused person.
• Seeks punishment such as jail time, fines, or probation.
• Requires proof “beyond a reasonable doubt,” a much higher standard.

Importantly, a person can face both a wrongful death lawsuit and a criminal case from the same act. For example, a drunk driver who causes a fatal accident may face DUI charges in criminal court and also be sued by the victim’s family in civil court.

Why Legal Guidance Matters

Wrongful death claims in Georgia are subject to strict deadlines and legal requirements. Having knowledgeable legal representation can help families navigate the process, preserve evidence, and pursue the compensation they deserve.

At The Lopes Law Firm, we provide legal assistance to the Atlanta public and help families protect their rights during this difficult time.