Wrongful Death Lawyers in Atlanta

Who Georgia law allows to bring the claim

Georgia is specific about who may file a wrongful death action. Under O.C.G.A. Section 51-4-2, the right belongs first to a surviving spouse, who shares any recovery with the children, and if there is no spouse, to the children. When there is no spouse or child, the right passes to the parents, and where none of those survive, the estate may bring the claim. We help families understand where they stand and make sure the correct party pursues the case.

Two separate claims arise from a wrongful death

A death caused by negligence usually gives rise to two distinct claims. The wrongful death claim, brought by the surviving family, seeks the full value of the life that was lost. A second claim, brought by the estate under O.C.G.A. Section 51-4-5, recovers the financial losses tied to the death itself, including medical bills from the final injury, funeral and burial expenses, and the conscious pain and suffering the person endured before passing. Pursuing both is how a family recovers everything the law provides.

What the full value of the life means in Georgia

Georgia measures a wrongful death recovery as the full value of the life of the person who died, viewed from their perspective rather than the family's financial dependence. That value has two parts: the economic side, meaning the income and services the person would have provided, and the intangible side, meaning the experiences, relationships, and everything else that made their life worth living. Georgia does not reduce that value by the deceased's own living expenses, which sets it apart from many states.

Building a wrongful death case

These cases demand a thorough investigation, because the person who could best describe what happened is gone. We reconstruct the events from the physical evidence, the witnesses, and the records, establish the negligence that caused the death, and document both the economic and the human value of the life that was lost. When the conduct was especially reckless, such as a drunk or fleeing driver, the case may also support additional damages meant to punish that conduct.

The deadline to bring a wrongful death claim

A Georgia wrongful death action generally must be filed within two years of the death under O.C.G.A. Section 9-3-33, although certain circumstances, such as a related criminal case or the time needed to appoint an estate representative, can affect that timing. Because those situations are fact-specific and the deadline is firm, it is worth confirming your family's timeline early rather than late.

When the responsible party blames the person who died

Even in a death case, a defendant may argue the person who died was partly at fault, because Georgia reduces or bars recovery under its apportionment rule, O.C.G.A. Section 51-12-33, when the deceased shared responsibility. We meet that argument with a careful reconstruction of the event, so blame rests with the party whose negligence actually caused the loss.

Serving grieving families across metro Atlanta

Our downtown Atlanta office at 34 Peachtree St NW serves families across Fulton, DeKalb, Cobb, Gwinnett, Cherokee, Clayton, Forsyth, Douglas, and Henry counties, from Buckhead and Midtown to Sandy Springs, Decatur, and Marietta. We are ready to carry the legal burden so your family can focus on one another.

Talk to an Atlanta wrongful death lawyer

If your family lost someone because another person was careless, we can explain your rights with patience and without pressure. Call (678) 293-9307 for a free and confidential consultation, or reach us through our contact page. We handle these cases on contingency, so there is no fee unless we recover.

Speak with a Atlanta wrongful death attorney

Common questions

Who is allowed to file a wrongful death claim in Georgia?

Georgia law gives the right first to a surviving spouse, who shares the recovery with any children, and then to the children if there is no spouse. If there is neither, the right passes to the parents, and if none survive, to the estate. We help identify the proper party before the case is filed.

Besides the wrongful death claim, can the estate recover separately?

Yes. Alongside the family's wrongful death claim for the full value of the life, the estate can bring its own claim for the funeral and final medical expenses and any conscious pain and suffering the person experienced before death. Pursuing both together is how a family recovers everything the law allows.

What does 'full value of the life' mean?

In Georgia it is measured from the perspective of the person who died and includes both what they would have earned and provided and the intangible worth of their life, their experiences and relationships. Notably, Georgia does not subtract the person's own living expenses from that value.