2022 Georgia Code
Title 51 - Torts
Chapter 4 - Wrongful Death
§ 51-4-2. Wrongful Death of Spouse or Parent

1. The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.
2. 1. If an action for wrongful death is brought by a surviving spouse under subsection (a) of this Code section and the surviving spouse dies pending the action, the action shall survive to the child or children of the decedent.
   2. If an action for wrongful death is brought by a child or children under subsection (a) of this Code section and one of the children dies pending the action, the action shall survive to the surviving child or children.
   3. If there is no surviving spouse and an action for wrongful death is brought by a minor child or minor children under subsection (a) of this Code section, the natural guardian, guardian, or next friend of any such minor child shall:
      1. Qualify as a conservator if necessary to receive payment of the settlement and shall thereafter hold and use the settlement for the benefit of the minor and shall be accountable for the same as provided in Code Section 29-3-1, and
      2. Obtain court approval of such settlement of such minor child or minor children as provided in Code Section 29-3-3.
3. The surviving spouse may release the alleged wrongdoer without the concurrence of the child or children or any conservator, guardian, next friend, or other authorized representative thereof and without any order of court, provided that such spouse shall hold the consideration for such release subject to subsection (d) of this Code section and shall be accountable for same.
4. 1. Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes.
   2. Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-third of such recovery as such spouse’s share. If there is no surviving spouse, the amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the children per capita, and the descendants of children shall take per stirpes.
5. No recovery had under subsection (a) of this Code section shall be subject to any debt or liability of the decedent or of the decedent’s estate.
6. In actions for recovery under this Code section, the fact that a child has been born out of wedlock shall be no bar to recovery.

History. Laws 1850, Cobb’s 1851 Digest, p. 476.; Ga. L. 1855-56, p. 154, § 4; Code 1863, § 2913; Code 1868, § 2920; Code 1873, § 2971; Ga. L. 1878-79, p. 59, §§ 1, 2; Code 1882, § 2971; Ga. L. 1887, p. 43, § 1; Civil Code 1895, §§ 3828, 3829; Civil Code 1910, §§ 4424, 4425; Ga. L. 1924, p. 60, §§ 1, 2; Code 1933, §§ 105-1302, 105-1303, 105-1304, 105-1305; Ga. L. 1973, p. 488, § 1; Ga. L. 1985, p. 1253, § 1; Ga. L. 1986, p. 10, § 51; Ga. L. 1988, p. 1720, § 17; Ga. L. 1993, p. 1055, § 1; Ga. L. 1998, p. 605, § 1; Ga. L. 2022, p. 207, § 7/HB 620.

The 2022 amendment, effective May 2, 2022, added paragraph (b)(3); in subsection (c), inserted “conservator, guardian, next friend, or other authorized” near the beginning and “and shall be accountable for same” at the end; in paragraph (d)(1), deleted “, provided that any such recovery to which a minor child is entitled and which equals less than $15,000.00 shall be held by the natural guardian of the child, who shall hold and use such money for the benefit of the child and shall be accountable for same; and any such recovery to which a minor child is entitled and which equals $15,000.00 or more shall be held by a guardian of the property of such child” at the end; in paragraph (d)(2), added the second sentence; and, in subsection (e), added “or of the decedent's estate” at the end.

Editor’s notes.

Ga. L. 1998, p. 605, § 2, not codified by the General Assembly, provided that the Act shall be applicable to all wrongful death actions arising on or after July 1, 1998.

Law reviews.

For annual survey of law of wills, trusts, and administration of estates, see 38 Mercer L. Rev. 417 (1986).

For article, “What’s a Human Life Really Worth? Recovering Damages for Decedents’ Non-Economic Losses in Georgia Wrongful Death Actions,” see 7 Ga. St. U.L. Rev. 439 (1991).

For annual survey article discussing trial practice and procedure, see 52 Mercer L. Rev. 447 (2000).

For annual survey on appellate practice and procedure, see 61 Mercer L. Rev. 31 (2009).

For note advocating consistency of inheritance and wrongful death rights with adopted child’s new legal status, see 23 Mercer L. Rev. 1003 (1972).

For note, “Standing to Sue for Wrongful Death in Georgia When a Spouse and Children Survive the Tortious Death: Mack v. Moore,” see 3 Ga. St. U.L. Rev. 281 (1987).

For note on 1993 amendment of this Code section, see 10 Ga. St. U.L. Rev. 233 (1993).

For comment on Bloodworth v. Jones, 191 Ga. 193 , 11 S.E.2d 658 (1940), see 3 Ga. B. J. 65 (1941).

For comment on Odom v. Atlantic & W.P.R.R., 78 Ga. App. 477 , 51 S.E.2d 466 (1949), see 12 Ga. B. J. 76 (1949).

For comment advocating recognition in Georgia of the rights of illegitimate children to recover for wrongful death of father, in light of Armijo v. Wesselius, 73 Wash. 2d 716, 440 P.2d 471 (1968), see 20 Mercer L. Rev. 469 (1969).