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Georgia's wrongful death statute, O.C.G.A. § 51-4-2, sets a strict hierarchy. The surviving spouse files first; if no spouse, then the children; if no spouse or children, then the parents. The estate brings a separate claim under O.C.G.A. § 51-4-5 for pre-death damages — final medical expenses and conscious pain and suffering before death. Standing is technical; getting the right party named at the start avoids months of unnecessary litigation later.
Children of any marriage have standing — the statute does not distinguish based on which marriage produced them. If the surviving spouse is also the parent, both share the recovery. If the children are from a prior marriage and the current spouse is not their parent, the recovery is divided per the statute and the court's allocation rules.
The estate's claim under § 51-4-5 is brought by the personal representative (the executor named in a will, or an administrator appointed by the probate court if there's no will). It runs in parallel with the family's wrongful-death claim and is treated as a separate cause of action with its own damages.
The 'full value of the life' standard under § 51-4-1 is one of the broader damages measures in American law. It includes both the economic value of the life (lost income, services) and the intangible value (the relationships, experiences, trajectory of the life as it was being lived).
This answer is general legal information, not specific legal advice. Pereira & Associates can review your particular facts in the free consultation. Schedule one →
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