Who can bring a wrongful death claim in Georgia
Georgia law sets a specific order. The surviving spouse brings the claim, on behalf of themselves and any children. If there is no spouse, the children bring it. If there are no spouse or children, the parents may. If none of those survive, the administrator of the estate brings the claim for the benefit of the next of kin.
Separately, the estate itself may bring a claim for the losses the person suffered before death: medical expenses, funeral and burial costs, and the conscious pain and suffering they experienced. The two claims run together, and we handle both.
What Georgia allows a family to recover
Georgia measures a wrongful death claim by “the full value of the life of the decedent,” seen from the perspective of the person who died. That has two parts. The economic part is what they would have earned and provided over a normal lifetime. The intangible part is the value of the life itself: the relationships, the experiences, the ordinary pleasures of living that were taken away. Georgia leaves that intangible value to the enlightened conscience of the jury, and it is often the larger part of the claim.
Insurers will try to reduce the claim to a spreadsheet of lost wages. We make sure the person is present in the case: who they were, what they meant to the people around them and what was lost.
Deaths we handle
The most common cause of wrongful death claims in Georgia, often involving commercial insurers and multiple defendants.
Crosswalk, roadside and school-route deaths, including those caused by distracted or impaired drivers.
Fatal falls, drownings and violent crime at properties where the owner failed to address known dangers.
Where a third party other than the employer, such as a contractor or equipment manufacturer, bears responsibility.
How we handle these cases
Slowly where it needs to be slow, and urgently where it needs to be urgent. The urgency is in preserving evidence: vehicle data, camera footage, witness statements and records that fade within weeks. The patience is in everything else. We will not pressure you to make decisions before you are ready, and we will keep the adjusters away from your family entirely.
You will deal with one attorney throughout, who will explain each step before it happens. There is no fee unless we recover for your family.
Common questions
Is there a criminal case too? Does that affect our claim?
Often, especially in DUI and hit-and-run deaths. The criminal case is brought by the state and does not compensate the family. The civil claim is separate and can proceed regardless of the criminal outcome, although the timing is sometimes coordinated.
The insurer offered the policy limits quickly. Should we accept?
Not without understanding whether other policies and other responsible parties exist. A quick limits offer sometimes means the insurer knows the case is worth far more than its policy. We investigate before anything is signed.
What if my loved one was partly at fault?
Georgia’s comparative negligence rule applies. The family can recover if the person was less than 50% at fault, reduced by their share. Insurers often overstate that share, and we challenge it with evidence.