A wrongful death occurs when someone’s life is taken due to another person or entity’s negligence, misconduct, or failure to act. This may involve vehicle crashes, unsafe property conditions, medical negligence, workplace incidents, or other preventable events. We help determine whether your circumstances meet the legal requirements under Georgia law. 

In Georgia, there are two separate claims for a wrongful death case. One claim is owned by the estate of the decedent. The claim for full value of the life of the decedent is owned by the family. The decedent’s current, legal spouse has the absolute right to bring the claim on behalf of the family. If there is no surviving spouse, the children can file. If neither spouse nor children exist, the parents or the personal representative of the deceased’s estate may file the claim.

A wrongful death matter involves two distinct claims in Georgia. The first is typically brought by the next of kin and focuses on the full value of the life of the decedent, which includes many factors and is ultimately determined by a fair and impartial jury. The second is a personal injury claim owned by the estate and brought by the executor, which may include final medical bills, funeral expenses, and other losses similar to those in a standard personal injury case. Our team helps you understand how each claim works, what may apply in your situation, and how we can best support you and your loved ones during this time.

In most cases, Georgia allows two years from the date of death to file a wrongful death claim. There are exceptions, such as when criminal charges are involved or when an estate must first be opened. We help you understand the timeline that applies to your case so important deadlines are not missed.