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Home / Cities / Atlanta – Wrongful Death Lawyer
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Atlanta Wrongful Death Lawyer

The days after losing a family member to someone else’s negligence are not the time you want to be dealing with insurance adjusters or filing paperwork. But Georgia law places short deadlines on the family’s right to hold the responsible party accountable, and decisions made in the first weeks often shape everything that follows. 

The Atlanta wrongful death lawyers at Hines Law Firm help families work through this process so they may focus on grief, on children, and on each other while the legal side moves forward with an attorney carrying the weight.

If you have lost a spouse, parent, child, or other close family member because of someone else’s negligent or wrongful act, reach out for a free consultation through our contact page or call our Atlanta office. Consultations are free and confidential, and we take calls in English and Spanish.

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What Georgia’s Wrongful Death Act Actually Provides

Georgia’s Wrongful Death Act at O.C.G.A. § 51-4-1 and O.C.G.A. § 51-4-2 allows certain family members to seek compensation when a death is caused by another party’s negligent, reckless, intentional, or otherwise wrongful conduct. 

The claim serves two purposes at once: it holds the responsible party accountable in civil court, and it provides financial resources for the family after the loss.

A Georgia wrongful death case may arise from many kinds of events, including:

  • Car, truck, and motorcycle crashes caused by another driver
  • Pedestrian and bicycle collisions
  • Trucking crashes involving commercial carriers
  • Workplace incidents and third-party industrial accidents
  • Nursing home neglect and elder abuse
  • Dangerous premises
  • Criminal acts committed against your family member

The underlying negligence framework is the same one that governs personal injury cases generally. What is different is who has standing to bring the claim, what damages the law allows, and how strictly the two-year filing deadline is applied.

The Two Claims Most Georgia Wrongful Death Cases Actually Involve

One of the most important things for a family to understand early is that Georgia treats a wrongful death situation as producing two separate claims, brought by two different parties, that recover two different categories of damages. Most families are told about only one of them.

Both claims may proceed from the same wrongful act, and both typically settle or resolve as part of the same litigation, but they are legally separate. Filing one without the other leaves money on the table that the family or the estate had the right to recover.

Who May File a Wrongful Death Claim in Georgia

Georgia’s Wrongful Death Act sets a specific order of standing under O.C.G.A. § 51-4-2. Only certain family members hold the right to file, and the order matters:

  1. The surviving spouse has the primary right. If there are minor children, the surviving spouse files on behalf of the spouse and the children jointly. The surviving spouse is entitled to no less than one-third of the total recovery, with the remainder shared with the children.
  2. The surviving children hold the right if there is no surviving spouse. Adult children take their share directly; minor children have their share held for them.
  3. The surviving parents hold the right if the deceased left no surviving spouse and no children. If both parents are living, they share the recovery.
  4. The personal representative of the estate may file for the benefit of the next of kin when none of the above categories exist.

Complications sometimes arise when there is disagreement among family members about who should file, when parents are divorced, when a child was born outside marriage, or when family relationships were estranged. 

Our attorneys address these questions early because the right person must be named as the plaintiff for the claim to proceed properly.

/ What Our Clients Have To Say

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“Thank you all for the help during the time of uncertainty , very attentive and very professional group of individuals especially Julian who is a very great part of the team. Took time out of his day to reach out to you either through email or phone call. Your questions will be answered. Thank you all for the great help. 🙏🏽”

Juan Pesina
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“They are a team of very responsible, kind and dedicated professionals, they were always aware of all the details of the case and keeping us informed about each step we should take, I recommend them 100% Thanks so much, Great job”

Vanessa
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“They are an excellent team, they always attended to all my concerns, defending my rights and representing me throughout the process.  they always made me feel calm and trusting of them.  I highly recommend them.  They met all my expectations.”

Arianna Carrizo
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“Helped me so much during my accident. I recommend this firm to everyone I know and meet they’re just that amazing and I love that their team is bilingual!!”

Mari Gutierrez
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What “Full Value of the Life” Means Under Georgia Law

Georgia measures wrongful death damages differently from most other states. The measure is not just what the family lost; it is the full value of the decedent’s life, from the perspective of the person who died. That standard, codified at O.C.G.A. § 51-4-1, reaches both economic and non-economic value.

The economic side includes:

  • Lost lifetime earnings and benefits
  • Retirement contributions and pension losses
  • The value of household services the deceased provided
  • Future financial contributions to the family

The non-economic side reaches what Georgia courts call the “intangible” value of the life:

  • Companionship and relationships with spouse, children, and family
  • The joy and value of ordinary daily life
  • The contribution of parenting, guidance, and mentoring
  • The intrinsic value of existence itself

The intangible portion is often the largest single component of a Georgia wrongful death recovery. Juries are instructed to measure this from the perspective of the person who died, valuing what that life meant to them, not merely what the family lost by losing them. This is one of the areas where Georgia law is meaningfully more favorable to families than the wrongful death law in many other states.

Call our Atlanta office today to talk with a lawyer about your family’s situation.

The First Weeks After a Loss: Practical Steps That Protect the Case

The family members carrying grief in the first weeks after a death cannot be expected to also carry the full weight of the legal case. Still, a few concrete steps in the first weeks make a real difference in preserving the case, and any family member or friend who is helping may take them:

  • Obtain multiple certified copies of the death certificate, which will be needed for insurance and estate matters
  • Preserve the vehicle, personal effects, or other physical evidence involved in the incident
  • Keep records of medical bills and funeral expenses in one place
  • Save copies of any communication from insurers, law enforcement, or other parties
  • Avoid signing anything or giving recorded statements to any insurance company
  • Talk with a wrongful death attorney about opening an estate if none exists

If probate has not been opened, an administrator or executor may need to be appointed before the estate’s claim can move forward. Our attorneys often help families coordinate this step with a probate attorney so the estate side of the claim does not get delayed.

Damages Available in a Georgia Wrongful Death Case

The two-claim structure means the total recovery in a Georgia wrongful death case may include:

  • Full value of the life (wrongful death claim): economic value of lost lifetime earnings and services, and the non-economic intangible value of the life itself
  • Medical expenses the deceased incurred between the injury and death (estate claim)
  • Funeral and burial costs (estate claim)
  • Pain and suffering the deceased endured between the injury and death (estate claim)
  • Punitive damages in cases involving willful misconduct or entire want of care

Georgia caps punitive damages in most cases under O.C.G.A. § 51-12-5.1, but the cap does not apply where the defendant acted with specific intent to harm or was under the influence of alcohol or drugs at the time of the wrongful act. Our attorneys evaluate every case for whether punitive damages are available.

For cases involving severe injuries the deceased survived for a period of time, our firm’s catastrophic injury framework often applies to the survival portion of the case.

The Two-Year Deadline and When It May Change

Georgia’s general statute of limitations for wrongful death is two years from the date of death, under O.C.G.A. § 9-3-33. Certain circumstances may extend or shorten that window:

  • Pending criminal charges against the responsible party may toll the deadline while the criminal case is pending
  • Minor beneficiaries who lose a parent have their share of the claim protected under minority tolling rules
  • Government defendants, including cities, counties, or the State of Georgia, require ante litem notice on much shorter timelines, sometimes as short as six months
  • Deaths caused by criminal acts may have separate victim compensation avenues in addition to the civil claim

Missing any applicable deadline usually ends the family’s ability to recover. This is one reason to talk with an attorney early, even before the family has decided whether to pursue a claim.

How Our Firm Handles Atlanta Wrongful Death Cases

Wrongful death cases at our firm are handled with the recognition that the family is grieving, and that our role is to carry the legal weight so the family may focus on what actually matters. That means:

  • Free initial consultation at a pace the family is ready to have
  • Investigation of the underlying incident, coordinated with any parallel criminal or agency investigation
  • Coordination with probate counsel to open the estate when needed
  • Preservation of physical and documentary evidence
  • Full damages workup, including outside professionals on economic loss and life expectancy where appropriate
  • Direct communication with insurers and defense counsel, so the family is not answering their questions
  • Trial preparation where the responsible party’s insurer will not resolve the case fairly

Our firm serves Atlanta and the surrounding metro through our office in Atlanta, along with six other Georgia offices. Matthew C. Hines founded the firm in 2004 with an emphasis on real trial practice, and we take calls in English and Spanish.

Frequently Asked Questions About Georgia Wrongful Death Cases

01

How long does a wrongful death case in Georgia typically take?

The timeline varies by case. Simple cases with clear liability and available insurance sometimes resolve in six to twelve months. Cases requiring litigation, outside professional workups, or trials often take one to three years. Our attorneys give a realistic timeline once we understand the specific facts and the parties involved.

02

What if the person responsible for my family member's death was criminally charged?

The civil wrongful death case and the criminal case are separate proceedings with different burdens of proof. A criminal acquittal does not defeat the civil claim, because civil cases use a preponderance-of-the-evidence standard rather than the criminal beyond-a-reasonable-doubt standard. In some cases, a pending criminal prosecution may toll the civil statute of limitations under O.C.G.A. § 9-3-99.

03

What if there is disagreement among family members about pursuing a wrongful death claim?

Georgia’s Wrongful Death Act names specific family members with standing to file. If the person holding the right chooses not to file, other family members generally cannot force the claim to proceed. Where multiple family members hold shared rights, coordination is required. Our attorneys work with families through these situations before any claim is filed.

04

What if my family member survived for a period of time before dying?

Then the estate’s survival claim under O.C.G.A. § 51-4-5 becomes a significant component of the case, covering the medical expenses, funeral costs, and the pain and suffering the deceased endured before death. Estate claims and the family’s wrongful death claim proceed together but recover separate categories of damages.

05

How much does an Atlanta wrongful death lawyer cost?

Nothing up front. Our firm handles wrongful death cases on a contingency-fee basis. There is no attorney fee unless we recover compensation for the family and the estate. Initial consultations are free and completely confidential.

Talk With an Atlanta Wrongful Death Lawyer

Nothing about losing a family member gets easier because of a legal case. But taking early steps to protect the family’s rights, understanding the two-claim structure Georgia law provides, and getting an attorney in position to handle the legal side does lift some of the weight. Our attorneys at Hines Law Firm are ready to talk when your family is ready. Reach out through our contact page or call our Atlanta office. Learn more about our team on our Atlanta hub or our statewide Wrongful Death Lawyer practice page. This page is general information about Georgia law, not legal advice for your specific claim.

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