A wrongful death case in Georgia can be resolved in two main ways. It can be settled through a negotiated agreement, or it can be tried before a judge or jury. Both outcomes are available, and the path a particular case takes depends on how the dispute develops. As a general matter, most civil cases, including wrongful death cases, resolve by settlement rather than by trial. This guide explains how both routes work under Georgia law and why settlement is the more common result.
Both Routes Are Available
Every wrongful death claimant who has standing under Georgia law has the right to file a lawsuit and, if the case does not settle, to take it through trial. The right to bring a wrongful death action is defined by O.C.G.A. § 51-4-2, which identifies the surviving spouse or, if there is no surviving spouse, the decedent’s child or children as the persons who may bring the claim. Filing a lawsuit does not commit a case to trial, and settling a case does not require giving up the right to have sued. The two outcomes are points on the same process.
How a Wrongful Death Case Proceeds
A wrongful death matter often begins with an investigation and a period of negotiation before any lawsuit is filed. Many claims are presented to an insurer, and some resolve at this stage without litigation.
If the matter does not resolve, a lawsuit is filed in the appropriate Georgia court, generally a state court or a superior court depending on the county and the nature of the case. After the lawsuit is filed, the case enters discovery, the phase in which both sides exchange documents, take depositions, and develop the evidence. Discovery often clarifies the strengths and weaknesses of each side’s position.
During or after discovery, the parties may engage in mediation, a process in which a neutral third person helps them attempt to negotiate a resolution. Georgia courts frequently encourage or order mediation in civil cases. The court may also rule on motions, including motions for summary judgment, which can resolve all or part of a case before trial when there is no genuine dispute of material fact.
If the case is not resolved through negotiation, mediation, or motion practice, it proceeds to trial. At trial, the claimant must prove the elements of the wrongful death claim, including negligence, causation, and the value of the loss, and the case is decided by a jury or, in some circumstances, by a judge.
Why Most Cases Settle
It is widely recognized that the large majority of civil cases, including wrongful death cases, resolve by settlement rather than by trial. National observations commonly place the settlement rate for personal injury and wrongful death matters around the high range, with only a small fraction proceeding all the way through a verdict. While these are general observations rather than precise Georgia statistics, the pattern that most cases settle holds across jurisdictions.
Several factors explain this. A trial involves uncertainty for both sides, because the outcome rests with a jury whose decision cannot be predicted with confidence. A settlement removes that uncertainty by producing a known result. Trials also take time and resources, and the litigation process can extend a case considerably. For a grieving family, the process of trial can be prolonged and emotionally demanding. A settlement allows the matter to conclude on agreed terms. Defendants and insurers likewise often prefer the certainty and finality of a settlement to the risk of an adverse verdict. These shared incentives push many cases toward negotiated resolution.
When a Case Is More Likely to Go to Trial
Some wrongful death cases do reach trial. A case is more likely to be tried when the parties have a genuine and substantial disagreement that negotiation cannot bridge. This can occur when liability is sharply contested, when the parties have very different views of the value of the claim, when comparative fault is a major issue, or when an insurer disputes coverage. In Georgia, the modified comparative negligence rule, under which recovery is reduced by the decedent’s share of fault and barred if the decedent is 50 percent or more at fault, can itself become a central trial issue. When the gap between the parties is too wide to close, a trial becomes the mechanism for resolving it.
The Role of Settlement Approval and Distribution
In a wrongful death matter, the resolution can also involve procedural steps beyond the negotiation itself. When the recovery involves minors or an estate, Georgia procedure may require court involvement in approving a settlement or in directing how funds are handled. The wrongful death recovery and any separate estate recovery are distributed according to Georgia law, and the wrongful death proceeds are generally divided among the statutory beneficiaries rather than passing through the decedent’s estate for the benefit of creditors. These steps are part of how a settled or tried case is concluded.
Summary
A wrongful death case in Georgia can go to trial, and the right to a trial belongs to every claimant who has properly filed a claim. In practice, however, most wrongful death cases settle before reaching a verdict, because settlement offers certainty, finality, and a conclusion that both sides can accept, while a trial carries unavoidable risk. Whether a particular case settles or is tried depends on how far apart the parties are on liability and value. Both outcomes are legitimate parts of the same process that Georgia law makes available.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.