Wrongful Death Complaint - Georgia

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION

IN THE SUPERIOR COURT OF [COUNTY] COUNTY, STATE OF GEORGIA

Civil Action File No.: __________________

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction, Venue, and Service
4. Factual Allegations

5. Causes of Action
   5.1 Count I – Wrongful Death (Full Value of Life) — Family Claim
   5.2 Count II – Survival Action (Pain, Suffering & Pre-Death Medical Expenses) — Estate Claim
   5.3 Count III – Funeral, Medical, and Other Necessary Expenses — Estate Claim
   5.4 Count IV – Punitive Damages — Estate Claim
   5.5 Count V – Limited Injunctive Relief (If Applicable)

6. Recoverable Damages

7. Reservation of Rights & Statutory Damage Caps
8. Demand for Jury Trial
9. Prayer for Relief
10. Verification
11. Signature Block

1. DOCUMENT HEADER

1.1 Parties and Introductory Statement.
Plaintiff [PLAINTIFF NAME] ("Plaintiff"), individually and/or in the representative capacities set forth herein, brings this Complaint against Defendant(s) [DEFENDANT NAME(S)] ("Defendant"), and alleges as follows:

1.2 Effective Date.
This pleading is filed as of [FILING DATE] in the Superior Court of [COUNTY] County, State of Georgia, pursuant to O.C.G.A. § 9-11-1 et seq.

2. DEFINITIONS

For purposes of this Complaint, the following terms shall have the meanings described below:

"Decedent" means [DECEDENT NAME], born [DOB] and deceased on [DATE OF DEATH].

"Wrongful Death Claimant(s)" means the person(s) statutorily entitled to bring the family's own claim for the full value of the Decedent's life: the surviving spouse or, if none, the surviving child or children, under O.C.G.A. § 51-4-2(a); or, if there is no surviving spouse or child, the Decedent's parent(s) under O.C.G.A. § 19-7-1(c); or, if none of the foregoing survive, the administrator or executor of the Decedent's estate for the benefit of the next of kin, under O.C.G.A. § 51-4-5(a).

"Estate" means the probate estate of the Decedent, represented herein by [ADMINISTRATOR/EXECUTOR NAME] pursuant to Letters [Testamentary/Administration] issued by the Probate Court of [COUNTY] County on [DATE]. The Estate's claims under O.C.G.A. § 51-4-5(b) and § 9-2-41 (funeral, medical, and other necessary expenses; pre-death pain and suffering) are separate causes of action from the Wrongful Death Claimant(s)' claim under O.C.G.A. § 51-4-2, and may be held by a different person than the Wrongful Death Claimant(s).

"Full Value of the Life of the Decedent" has the meaning set forth in O.C.G.A. § 51-4-1(1): the full value of the life of the Decedent without deducting for any of the necessary or personal expenses the Decedent would have incurred had he or she lived. This measure includes both (a) the economic value of the Decedent's life (lost earnings, benefits, and household services, reduced to present value under O.C.G.A. § 51-12-13), and (b) the intangible value of the Decedent's life, measured from the Decedent's own perspective.

"Incident" means the events of [DATE] at [LOCATION] resulting in Decedent's fatal injuries.

3. JURISDICTION, VENUE, AND SERVICE

3.1 Subject-Matter Jurisdiction.
This Court has subject-matter jurisdiction over this action pursuant to Ga. Const. Art. VI, § IV, Para. I and O.C.G.A. § 15-6-8. This wrongful-death and survival action is a civil tort claim properly brought in Superior Court; it is not a probate matter, and the Probate Court of [COUNTY] County's role, if any, is limited to the appointment of an administrator or executor for the Decedent's estate under Title 53 of the Georgia Code. Probate Court jurisdiction over estate administration is concurrent with, not exclusive of, Superior Court jurisdiction over the underlying tort claims. See O.C.G.A. § 15-9-127.

3.2 Personal Jurisdiction.
Defendant is subject to personal jurisdiction in Georgia because [it is incorporated in / has its principal place of business in / committed a tortious act in] this State. See O.C.G.A. § 9-10-91.

3.3 Venue.
Venue is proper in this county under Ga. Const. Art. VI, § II, Para. VI and O.C.G.A. § 9-10-31 (individual and joint-tortfeasor defendants) and/or O.C.G.A. § 14-2-510 (corporate defendants) because [Defendant resides / has its registered office / cause of action arose] in this county.

3.4 Service of Process.
Defendant may be served via [Registered Agent / Personal Service] at [SERVICE ADDRESS], consistent with O.C.G.A. § 9-11-4.

4. FACTUAL ALLEGATIONS

4.1 Overview of Incident.
On [DATE], at approximately [TIME], Defendant's [vehicle/product/employee] [brief description of negligent act or omission], causing severe injuries to Decedent.

4.2 Medical Treatment and Death.
Decedent was transported to [HOSPITAL] where she underwent [procedures]. Despite medical intervention, Decedent succumbed to her injuries on [DATE].

4.3 Negligence and Causation.
Defendant breached duties of reasonable care by, inter alia, [list specific negligent acts], directly and proximately causing the Incident and Decedent's death.

4.4 Relationship of Parties and Capacity to Sue.
Plaintiff [PLAINTIFF NAME] is the [surviving spouse / surviving child / parent] of Decedent and the statutory Wrongful Death Claimant under O.C.G.A. § 51-4-2(a) [or § 19-7-1(c), if applicable]. [If an estate claim is also asserted:] Plaintiff [ESTATE REPRESENTATIVE NAME] additionally brings this action as the duly appointed [Administrator/Executor] of the Estate, pursuant to Letters issued by the Probate Court of [COUNTY] County, to recover the Estate's separate damages under O.C.G.A. § 51-4-5(b) and § 9-2-41.

4.5 Compliance with Conditions Precedent.
All conditions precedent to maintaining this action have occurred, have been performed, or have been waived. This action is timely filed under O.C.G.A. § 9-3-33, subject only to tolling provisions that apply to the particular claimant and cause of action. O.C.G.A. § 9-3-99 does not toll the survivors' statutory wrongful-death claim. See Hicks v. Universal Health Services, Inc., 364 Ga. App. 769, 874 S.E.2d 877 (2022). Analyze any estate claim separately.

5. CAUSES OF ACTION

5.1 Count I – Wrongful Death (Full Value of Life) — Family Claim

5.1.1 The Wrongful Death Claimant(s) reallege paragraphs 1–4.
5.1.2 Defendant owed Decedent duties of reasonable care under Georgia common and statutory law.
5.1.3 Defendant's breaches directly and proximately caused Decedent's death.
5.1.4 Under O.C.G.A. §§ 51-4-1 and 51-4-2(a) [or § 19-7-1(c), if brought by parents; or § 51-4-5(a), if brought by the Estate for lack of any surviving spouse, child, or parent], the Wrongful Death Claimant(s) are entitled to recover the full value of Decedent's life, as shown by the evidence.
5.1.5 This claim belongs personally to the Wrongful Death Claimant(s) identified in Section 4.4 above, and not to the Estate.

5.2 Count II – Survival Action (Pain, Suffering & Pre-Death Medical Expenses) — Estate Claim

5.2.1 Pursuant to O.C.G.A. § 9-2-41, the Decedent's cause of action for personal injury did not abate upon death and survives to the Estate.
5.2.2 The Estate, through its personal representative, is entitled to recover damages that accrued to Decedent prior to death, including conscious pain and suffering and medical expenses incurred before death.
5.2.3 This claim is separate from, and may be asserted in addition to, the wrongful-death claim in Count I. It belongs to the Estate, not to the Wrongful Death Claimant(s) individually.

5.3 Count III – Funeral, Medical, and Other Necessary Expenses — Estate Claim

5.3.1 Pursuant to O.C.G.A. § 51-4-5(b), because Decedent's death resulted from a crime or from criminal or other negligence, the Estate's personal representative is entitled to recover the funeral, medical, and other necessary expenses resulting from the injury and death of Decedent.
5.3.2 This claim is available to the Estate regardless of who is entitled to bring the wrongful-death claim in Count I, and is asserted here by [ESTATE REPRESENTATIVE NAME] in his/her representative capacity.

5.4 Count IV – Punitive Damages — Estate Claim

5.4.1 Defendant's conduct evidences willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences, within the meaning of O.C.G.A. § 51-12-5.1(b).
5.4.2 Punitive damages are not recoverable as part of the wrongful-death claim in Count I; they may be recovered only as part of the Estate's claim under Georgia law. See O.C.G.A. § 51-12-5.1; O.C.G.A. § 9-2-41. The Estate therefore seeks punitive damages, subject to the statutory cap of $250,000 under O.C.G.A. § 51-12-5.1(g), unless subsection (e)'s product-liability route or subsection (f)'s specific-intent or qualifying substantial-impairment route applies.

5.5 Count V – Limited Injunctive Relief (If Applicable)

5.5.1 To prevent ongoing harm to the public and Plaintiff(s), Plaintiff(s) seek a narrowly tailored injunction requiring Defendant to [correct dangerous condition / cease specified practice], consistent with the equitable powers of the Superior Court under O.C.G.A. § 15-6-8(2).
5.5.2 Legal remedies are inadequate because [reason].

6. RECOVERABLE DAMAGES

6.1 Wrongful-Death Damages (Family Claim — Count I).
Full value of Decedent's life, economic and intangible, including but not limited to:
a. Expected lifetime earnings and employment benefits;
b. The value of household and other services Decedent would have performed; and
c. The intangible value of life, measured from Decedent's own perspective, rather than survivors' grief, consortium, or personal loss of companionship.

6.2 Survival and Expense Damages (Estate Claim — Counts II & III).
a. Conscious pain and suffering between injury and death;
b. Medical expenses incurred prior to death, per O.C.G.A. § 51-4-5(b) and § 9-2-41;
c. Funeral and burial expenses, per O.C.G.A. § 51-4-5(b).

6.3 Punitive Damages (Estate Claim — Count IV).
As pled in Count IV, subject to the statutory limits described in Section 7 below.

6.4 Pre- and Post-Judgment Interest & Costs.
Plaintiff(s) seek interest as allowed by O.C.G.A. § 7-4-12 and recoverable costs under O.C.G.A. § 9-15-14.

7. RESERVATION OF RIGHTS & STATUTORY DAMAGE CAPS

7.1 Plaintiff(s) reserve the right to amend this Complaint to conform to evidence.
7.2 Punitive damages sought in Count IV are subject to the $250,000 cap in O.C.G.A. § 51-12-5.1(g), unless subsection (e)'s product-liability route or subsection (f)'s specific-intent or qualifying substantial-impairment route applies, and Plaintiff(s) do not seek punitive damages in excess of any applicable statutory limit.
7.3 O.C.G.A. § 51-13-1(b)-(c) states noneconomic limits for medical-malpractice actions, including wrongful death. In Clark v. Leigh, Nos. S26A0349, S26X0350 (Ga. June 16, 2026), the Georgia Supreme Court reaffirmed Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010), and held that § 51-13-1 could not be applied to the wrongful-death judgment before it; the Court vacated the reduction of the award. Clark expressly did not decide most of the constitutional questions specific to statutory wrongful-death full-value damages. If this action alleges medical malpractice, counsel must apply Clark and any later authority to the particular claims, defendants, and verdict categories rather than assume that the statute's face amount either necessarily applies or is categorically void.

8. DEMAND FOR JURY TRIAL

Pursuant to Ga. Const. Art. I, § I, Para. XI and O.C.G.A. § 9-11-38, Plaintiff(s) demand trial by jury on all triable issues.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff(s) respectfully request that the Court:

a. Enter judgment in favor of the Wrongful Death Claimant(s) for the full value of Decedent's life;
b. Award survival and expense damages to the Estate;
c. Award punitive damages to the Estate as permitted by law;
d. Grant limited injunctive relief as set forth above (if applicable);
e. Award pre- and post-judgment interest, costs of suit, and attorney's fees as allowed; and
f. Grant such other and further relief the Court deems just and proper.

10. VERIFICATION

I, [PLAINTIFF NAME], being duly sworn, depose and say that I am a Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.

__________________________________
[PLAINTIFF NAME]

Sworn to and subscribed before me this ____ day of __________, 20__.

__________________________________
Notary Public
My commission expires: _____________

11. SIGNATURE BLOCK

Respectfully submitted this ___ day of __________, 20__.

[LAW FIRM NAME]
[Address]
[City, State, Zip]
[Phone] | [Fax] | [Email]

BY: __________________________________
[ATTORNEY NAME]
Georgia Bar No. __________
Counsel for Plaintiff(s)