Key Takeaways:
- Georgia law allows surviving family members to file a wrongful death claim when a loved one dies due to someone else’s negligence or wrongdoing.
- There are two separate claims available: one for the full value of life, and one for financial losses.
- Spouses, children, and sometimes parents or estate representatives may file.
- The statute of limitations is typically two years from the date of death.
- Hines Law guides grieving families through the process with compassion and legal strength.
What Is a Wrongful Death Claim in Georgia?
Under Georgia law, a wrongful death claim can be filed when a person’s death is caused by the negligent, reckless, intentional, or criminal acts of another.
It’s a civil action that seeks to recover damages on behalf of the deceased’s surviving family members.
Wrongful death can arise from:
- Car accidents
- Trucking or motorcycle collisions
- Dangerous property conditions (slip and fall, unsafe structures)
- Workplace incidents
- Criminal violence (even if the accused is not convicted)
It is not the same as a criminal case. This is about financial justice for the surviving family—not jail time or prosecution.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia law clearly outlines who has the right to file, in order of priority:
- Surviving spouse – First in line and represents any minor children as well.
- Children of the deceased – If no spouse survives.
- Parents of the deceased – If there are no spouse or children.
- Estate representative – If no eligible family exists, the estate may pursue the claim on behalf of heirs.
Important: Even undocumented family members may have the right to file a claim if they are lawful heirs.
At Hines Law, we represent all families—regardless of immigration status or language barrier.
Types of Compensation Available
There are two parts to a wrongful death claim in Georgia:
1. The Full Value of the Life of the Deceased
This is brought by the family and covers both:
- Tangible value (lost income, benefits, services)
- Intangible value (companionship, guidance, time with loved ones)
2. The Estate Claim (Handled by an estate representative)
This includes:
- Medical bills related to the injury
- Funeral and burial costs
- Pain and suffering of the deceased before death
Together, these claims seek to honor the life lost and compensate the family left behind.
How Long Do You Have to File?
In most cases, you have two years from the date of death to file a wrongful death claim in Georgia.
However:
- If there is a criminal investigation, the civil clock may pause.
- If the claim involves a government agency, special notice deadlines may apply.
- If the estate is not opened quickly, the timeline may be extended—but don’t rely on this without legal guidance.
Don’t wait. Evidence disappears, and delay can hurt your case.
Common Causes of Wrongful Death Cases We Handle
At Hines Law, we have helped families recover after tragedies involving:
- Fatal car or truck accidents (including cases with uninsured drivers)
- Workplace injuries involving heavy equipment, falls, or electrocution
- Violent crimes where civil accountability is also sought
- Nursing home neglect or abuse leading to premature death
Our attorneys investigate every angle and bring in experts when needed to build the strongest case possible.
Why Choose Hines Law for a Wrongful Death Case?
We understand that you’re not just filing a claim—you’re honoring someone’s life.
Families trust us because we offer:
- Compassionate, bilingual support from the first call
- A track record of winning serious injury and death claims
- 24/7 availability to answer questions and give peace of mind
- A focus on Latino and underserved families, with full Spanish-language legal support
- Offices across metro Atlanta, Dalton, Marietta, Gainesville, Austell, and Jonesboro
We fight for maximum compensation so your family can heal and rebuild.
Let Us Help Your Family Move Forward
We know it’s hard to make legal decisions while grieving. But acting now ensures your family’s future is protected.
- Free consultation available today
- We answer calls, texts, and WhatsApp messages
- No upfront cost—you only pay if we win your case
Let Hines Law take the legal burden off your shoulders, so you can focus on what matters most: your family and your healing.
FAQ – Georgia Wrongful Death Claims
What if my loved one was undocumented? Can we still file?
Yes. Georgia law focuses on your relationship to the deceased, not immigration status.
How long do I have to file?
Usually two years from the date of death. There are exceptions—contact us right away to preserve your rights.
How much is a wrongful death case worth?
Every case is different. Value depends on income, life expectancy, pain and suffering, and other factors. We fight for maximum compensation.
What if the person responsible is also facing criminal charges?
You can still pursue a civil wrongful death claim—and you don’t need to wait for the criminal case to end.