Child Wrongful Death FAQs

In Georgia, the wrongful death recovery belongs to the parents under O.C.G.A. § 19-7-1 — not to the child’s estate. Certain portions of recovery for estate-based claims (pre-death medical expenses, pain and suffering) may be separately administered through the child’s estate and probate proceedings. James R. Haug and the HBLG team coordinate with probate and estate attorneys as needed to ensure all recovery is properly allocated and protected.

Yes, but claims against Georgia public schools involve governmental immunity analysis and strict ante litem notice requirements. Under the Georgia Tort Claims Act (O.C.G.A. § 50-21-20 et seq.), claims against state agencies must include proper ante litem notice, and municipal schools have their own notice requirements under O.C.G.A. § 36-33-5. Sovereign immunity waivers have limits. Despite these hurdles, Haug Barron Law Group has experience holding public and private schools accountable for the wrongful deaths of children.

Georgia recognizes strict liability for defective products under O.C.G.A. § 51-1-11. If a defective toy, car seat, crib, playground equipment, or other product caused your child’s death, the manufacturer, distributor, and retailer may all be liable — regardless of whether they were negligent. Product liability wrongful death cases require specialized expert testimony in engineering and product design and are subject to a 10-year statute of repose. Contact Haug Barron Law Group immediately to preserve critical evidence.

Law enforcement, the Georgia Bureau of Investigation (GBI), the Department of Family and Children Services (DFCS), the Georgia Department of Early Care and Learning (DECAL), and the Georgia Department of Public Health may all be involved in investigating a child’s death. As a plaintiff firm, Haug Barron Law Group works alongside — and independent of — these agencies, conducting our own parallel investigation using experienced private investigators and forensic experts to build the strongest possible civil case.

Georgia law permits both compensatory and punitive damages when a child’s death results from a DUI crash. Under O.C.G.A. § 51-12-5.1, punitive damages are available in cases of willful misconduct, malice, fraud, or conscious indifference to consequences — and DUI driving has consistently been found to meet this standard by Georgia courts. Punitive damages are not subject to the same cap as other cases. Haug Barron Law Group aggressively pursues all available damages in DUI wrongful death cases.

Yes. Under Georgia’s premises liability statute (O.C.G.A. § 51-3-1), property owners owe a duty of ordinary care to invitees — and children are frequently considered invitees on residential property. If an unfenced pool, defective gate, absent supervision, or defective drain cover contributed to your child’s drowning, you may have a strong wrongful death claim. Pool drownings in Georgia are among the most preventable tragedies — and the most clear-cut cases of premises owner negligence.

Daycare centers owe Georgia children the highest duty of care. If a child is killed at a daycare facility due to negligent supervision, unsafe facilities, equipment failure, or abuse, the daycare facility, its owners, and its staff may all be liable. Georgia law requires daycare centers to carry liability insurance under O.C.G.A. § 20-1A-4(9), and DECAL (the Georgia Department of Early Care and Learning) maintains regulatory records that can be critical evidence. Haug Barron Law Group has experience holding daycare centers accountable.

Yes. Parents are the proper plaintiffs for a wrongful death claim involving an unmarried, childless adult or minor child. If the child is a minor, the parents file as next friends or guardians. If the child was an adult, the claim proceeds under the statutory priority framework. Child wrongful death cases are among the most emotionally devastating and legally significant matters we handle. James R. Haug has fought for families in these cases and understands the unique dynamics of child fatality litigation.