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Wrongful Death Claims vs. Survival Actions in Georgia
Know the Difference—Protect Your Legal Rights After the Loss of a Loved One
When someone you love dies due to another person’s negligence or misconduct, you may be eligible to take legal action. But not all claims are the same. In Georgia, families often hear about two separate—but—related—legal remedies: Wrongful Death Claims and Survival Actions.
At Finch McCranie LLP, we help grieving families understand these legal distinctions and pursue the full compensation they are entitled to under Georgia law. Our goal is to ensure that no avenue for justice is overlooked.
What Is a Wrongful Death Claim?A wrongful death claim is a civil lawsuit brought by surviving family members to recover for the value of the deceased’s life. The focus is on what the deceased meant to their loved ones—emotionally, financially, and socially.
Key Elements of a Wrongful Death Claim:- Brought by surviving spouse, children, or parents
- Seeks damages for loss of income, companionship, care, and more
- Measures the “full value of the life of the decedent”
These claims are often filed after fatal truck accidents, medical malpractice, workplace injuries, nursing home neglect, or other wrongful acts.
What Is a Survival Action?A survival action, sometimes called an estate claim, allows the deceased person’s estate to pursue damages that the person could have claimed if they had survived. It’s about what they experienced before death, not what the family lost.
Key Elements of a Survival Action:- Filed by the executor or administrator of the estate
- Covers pain and suffering, medical bills, and other losses incurred before death
- Proceeds become part of the estate and may be distributed to heirs or creditors
| Feature | Wrongful Death Claim | Survival Action |
| Who Files | Family (spouse, children, parents) | Executor or administrator of the estate |
| What’s Recovered | Loss of companionship, income, support | Pain and suffering, medical expenses, lost wages pre-death |
| Focus of Claim | Value of the life lost | Harm suffered by the deceased before death |
| Who Gets the Money | Surviving family members | The deceased’s estate (then distributed to heirs) |
| Statute of Limitations | Usually 2 years from the date of death | Usually 2 years, may be extended for estate administration |
Both types of claims can be pursued simultaneously, and in many cases, our legal team handles both to maximize the total recovery for our clients.
Why You May Need to File BothMany people assume a wrongful death lawsuit covers everything, but it doesn't. If your loved one suffered before passing, you may miss out on rightful compensation if you only file a wrongful death claim.
Filing both claims may recover:- Pre-death medical costs
- Pain and suffering
- Funeral expenses
- Loss of future earnings
- Emotional loss to family members
At Finch McCranie LLP, we strategically evaluate every possible claim and file both if applicable—ensuring no compensation is left on the table.
Who Can File Each Type of Claim in Georgia? ✅ Wrongful Death Claim- Spouse (and they must also represent minor children)
- Children, if there’s no surviving spouse
- Parents, if there are no children or spouse
- Estate Representative, if no eligible relatives exist
- Only the executor or administrator of the deceased’s estate can bring this claim.
If an estate hasn't been opened yet, we help clients initiate the probate process first.
- Loss of income and benefits
- Loss of companionship and care
- Loss of services (household support, parenting)
- Medical bills from the fatal injury
- Conscious pain and suffering before death
- Lost wages during time of suffering before death
- Funeral expenses (if paid by estate)
These damages often combine to form a comprehensive financial recovery for grieving families.
Why Choose Finch McCranie LLP to Handle Your Claims?We are one of Georgia’s most trusted law firms for wrongful death and catastrophic injury cases. With over 50 years of experience, our attorneys have successfully handled hundreds of claims involving both wrongful death and survival actions.
Clients choose us because:
- We are recognized trial attorneys and former prosecutors
- We approach each case with compassion and strategy
- We don’t leave compensation on the table—we pursue every available legal path
Understanding the difference between a wrongful death claim and a survival action is essential—but you don’t have to navigate it alone. At Finch McCranie LLP, we’re here to take on the legal burden so you can focus on what matters most: healing and remembering your loved one.
📞 Call us today for a free, private consultation.
💼 Let a trusted Georgia wrongful death law firm fight for your family’s future.
Frequently Asked Questions (FAQs)Can I file both a wrongful death claim and a survival action?
Yes. In many cases, it is beneficial to pursue both types of claims to recover the full range of damages. Our firm regularly handles both in tandem.
What’s the Deadline for Filing These Claims in Georgia?
Both claims typically must be filed within 2 years of the date of death, though delays in probate or criminal cases can affect that timeline.
What if no Family Is Available to File the Wrongful Death Claim?
The estate’s executor may be able to pursue compensation in place of surviving relatives.
Do Wrongful Death Claims Cover Pain and Suffering?
Only survival actions can recover for the deceased’s pain and suffering before death. Wrongful death claims focus on the family’s loss.Do Both Claims Go to Court?
Not always. Many cases are settled out of court, but Finch McCranie LLP is fully prepared to go to trial to maximize compensation.
