Atlanta · Wrongful death

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We’re sorry for your loss

If you are reading this, your family may be facing the hardest days of your lives. You may be dealing with funeral arrangements, unexpected bills, calls from insurance companies and questions you never imagined having to ask. There is no right way to feel, and there is no need to make any decision today.

Our role is to listen first. In a free, private conversation, we can explain how Georgia law works, who has the right to bring a claim, and what the timeline looks like. If you choose to move forward, we handle the investigation, the insurers and the court process so your family can focus on each other. If you decide it isn’t the right time, that is completely okay.

Who can file a wrongful death claim in Georgia

Georgia law sets out a specific order for who may bring a wrongful death claim. Understanding it early helps avoid confusion within a family.

• A surviving spouse has the first right to bring the claim under O.C.G.A. § 51-4-2. If there are also surviving children, the spouse brings the claim on behalf of the children as well, and any recovery is shared — with the spouse receiving no less than one-third.
• The children may bring the claim if there is no surviving spouse.
• The parents may bring the claim if the person who died left no spouse or children (O.C.G.A. § 51-4-4).
• The administrator or executor of the estate may bring the claim if none of these family members survive, with any recovery held for the next of kin (O.C.G.A. § 51-4-5).

Two claims that often go together

Georgia recognizes two related claims after a death. The wrongful death claim belongs to the family members above and seeks the “full value of the life” of the person who died. Georgia measures that value from the perspective of the person who passed away. It includes economic losses, like the income and benefits they would have earned over their lifetime, and the intangible value of their life — the relationships, experiences and everyday moments they lost.

The estate claim is brought by the personal representative of the estate. It can recover medical bills from the final injury or illness, funeral and burial expenses, and the conscious pain and suffering the person experienced before death. Opening an estate in the appropriate Georgia probate court may be a necessary step, and we can help your family coordinate that process.

Common causes we see in Atlanta

Many wrongful death cases arise from traffic crashes on high-speed roads — I-285, I-75/I-85, the Downtown Connector and GA-400 — where a single moment of carelessness can be catastrophic. Commercial truck crashes are especially devastating; our Atlanta truck accident lawyers explain how federal safety rules and black box data can help show what happened. Pedestrians struck along corridors like Buford Highway and Metropolitan Parkway are another tragic and recurring pattern, which we discuss on our pedestrian accident page.

Fatal claims can also arise from unsafe property conditions, negligent security, workplace incidents and medical errors. Each type has its own rules. For crashes between passenger vehicles, our Atlanta car accident lawyers page explains Georgia’s insurance requirements.

Time limits and fault

Georgia generally gives families two years from the date of death to file a wrongful death lawsuit under O.C.G.A. § 9-3-33. Some situations can pause or extend that deadline — for example, while a related criminal case is pending, or for a limited time when no estate has been opened. Other situations, such as claims involving government vehicles or property, can require written notice much sooner. Because these rules are technical, it is wise to get advice early, even if your family is not ready to make decisions.

Georgia’s modified comparative fault rule (O.C.G.A. § 51-12-33) also applies. If the person who died is found partly responsible, the recovery can be reduced; if they are found 50% or more at fault, recovery is barred. Insurers sometimes raise these arguments in fatal cases precisely because the person who died cannot tell their side. A careful, independent investigation is how we make sure their story is told accurately.

How we work with grieving families

Families tell us that one of the hardest parts of this process is feeling rushed. Insurance companies may call within days, sometimes with an early offer and a release to sign. You do not have to respond to them, and you should not sign anything until you understand what rights you would be giving up. Once we are involved, those calls come to us.

We try to make the legal process as light a burden on your family as we can. We explain each step in plain language, we keep you updated without overwhelming you, and we are available when questions come up — including in Spanish. We investigate what happened independently, gathering records, speaking with witnesses and working with professionals when the facts are complex. When we put a value on the claim, we take time to learn who your loved one was: their work, their relationships, their plans and the ways they showed up for the people around them. Georgia law asks a jury to consider the full value of a life, and that is not something that can be captured by a spreadsheet alone.

Every family is different. Some want frequent updates; others want us to handle the details quietly. Tell us what works for you, and we will follow your lead.

Gentle next steps for families

1. 01
   Take care of your family first

   There’s no need to rush legal decisions in the first days. Lean on the people around you.
2. 02
   Keep important papers together

   Save the death certificate, accident or police report, medical records, bills and any letters from insurers.
3. 03
   Don’t sign anything from an insurer

   Releases and quick settlement offers can give up rights your family may need later.
4. 04
   Write down what you know

   When you’re able, note names of witnesses, the people who responded, and anything your loved one said.
5. 05
   Ask about the estate

   An estate may need to be opened to bring certain claims. We can explain whether yours does.
6. 06
   Have a private conversation

   A free consultation is just a conversation — you’re under no obligation to move forward.

Frequently asked questions

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