Wrongful Death Lawyers in Columbus

The full value of the life under Georgia law

Georgia measures a wrongful death claim by the full value of the life of the person who died, under O.C.G.A. § 51-4-1. Unusually, Georgia does not deduct what that person would have spent on themselves, and the value is measured from the perspective of the one who was lost. It has two parts: the economic value, meaning the income and services they would have provided, and the intangible value, meaning the experiences and relationships that made up their life. We work with economists and other experts to prove that full value rather than let an insurer reduce a life to a number.

Who has the right to bring the claim

Georgia law sets an order for who may bring a wrongful death claim under O.C.G.A. § 51-4-2. The surviving spouse holds the first right and represents the couple's children, though a spouse cannot receive less than one third of the recovery no matter how many children there are. If there is no spouse, the children may bring the claim; if there is no spouse or child, the parents may; and if none of those survive, the personal representative of the estate pursues it. We help families sort out who holds the claim so it is brought correctly.

The estate's separate claim

Alongside the wrongful death claim, the estate can bring its own separate claim for the losses tied directly to the death, including the medical bills for the final injury, funeral and burial expenses, and the conscious pain and suffering the person endured before they died. These are recovered by the estate's representative, distinct from the full value of the life. We pursue both so nothing the family is owed is left on the table.

The deadline and how it can shift

A wrongful death claim in Georgia is generally subject to a two-year deadline, but that time can be affected by a related criminal prosecution and by the time it takes to appoint a representative of the estate. Because these rules are specific to the circumstances, it is important to have the case reviewed early so the deadline is calculated correctly and protected. Where fault is disputed, Georgia's rule that a claim is barred at fifty percent fault can also come into play, and we build the case to establish the other party's responsibility.

Serving grieving families across the Chattahoochee Valley

Wrongful death claims are handled from our Columbus office at 18 9th St, Suite 410, and we represent families across Muscogee, Harris, Chattahoochee, Russell, Lee, Troup, Marion, and Talbot counties. We serve families in Phenix City, Fort Moore, Smiths Station, Midland, Cataula, LaGrange, Auburn, Opelika, Valley, Buena Vista, Ellerslie, Waverly Hall, Pine Mountain, West Point, and Hamilton.

Speak with a Columbus wrongful death attorney

If you have lost someone because of another's negligence, we are here to help you understand your rights without pressure. Call (706) 608-5231 for a free, confidential consultation. We handle wrongful death cases on a contingency fee basis, so there is no attorney fee unless we recover for your family.

Common questions

What is the difference between the wrongful death claim and the estate's claim?

They are two separate claims. The wrongful death claim recovers the full value of the life of the person who died and belongs to the surviving family. The estate's claim recovers the losses tied directly to the death, such as final medical bills, funeral costs, and the pain and suffering the person experienced before passing. Both can be pursued from the same event.

The person responsible is being prosecuted criminally. Should we wait for that to finish?

Not necessarily. A criminal case punishes the wrongdoer but does not compensate your family, and it is a separate matter from your civil claim. A criminal prosecution can affect the civil deadline, but waiting can also cost valuable evidence. We coordinate with the criminal case while protecting your family's civil rights.

How is the value of a life even calculated?

Georgia lets a jury award the full value of the life from the perspective of the person who died, including both what they would have earned and provided and the intangible worth of their life and relationships. We present evidence of both, working with financial and other experts, so the value reflects the whole person rather than a narrow economic figure.