Wrongful Death Lawyer in Atlanta, GA

The first weeks

When a crash or someone’s negligence causes a death in Atlanta, several things start moving at once. Families are rarely told how they fit together.

The police investigation. Fatal crashes in the city are typically worked by dedicated crash investigators, who may take weeks to complete a reconstruction. Their report, the scene photographs, and any body-camera and dashcam footage are some of the most important evidence a family will have.

The criminal case, if there is one. If the driver is charged — with vehicular homicide, DUI or another offense — the case is prosecuted by the county district attorney. Most of Atlanta is in Fulton County; the eastern part of the city is in DeKalb. The criminal case belongs to the State. Your family is not a party to it, and it does not compensate you.

The insurers, who often make contact quickly. You are not required to speak with them, and nothing should be signed in those first weeks.

The probate court step

Georgia usually creates two claims after a wrongful death. The wrongful death claim is for the value of the life. It belongs to the family members the law names: a spouse first, then children, then parents. The estate’s claims belong to the estate. They cover medical and funeral costs (O.C.G.A. § 51-4-5(b)), and any pain the person suffered before death, as a survival claim (O.C.G.A. § 9-2-41).

The estate claim needs someone with legal authority to act for the estate. That means opening an estate in the probate court of the county where the person lived, and having a personal representative appointed. For many Atlanta families, that is the probate court of Fulton County. It is a procedural step, but it has to happen, and it takes time. See Georgia wrongful death rules for who brings each claim and how it is valued.

Where these deaths happen in Atlanta

The interstates — the Connector and the Perimeter — account for many of the highest-speed fatal crashes. But a large share of the city’s traffic deaths are pedestrians, often on wide, fast surface roads with long gaps between safe crossings. Those cases can raise questions about lighting, crossings and road design, not only the driver. That brings government notice deadlines into play: six months for a city (O.C.G.A. § 36-33-5).

Our Atlanta injury cases page covers the crash and injury claims behind many of these deaths.

The criminal case does not decide yours

A conviction can be powerful evidence in the civil claim. But a plea to a lesser charge, or no charge at all, does not end the family’s claim. The civil case runs on a different standard, and on its own timeline.

The deadline

Generally two years from the date of death to file suit (O.C.G.A. § 9-3-33). There are exceptions that can extend it, including while a criminal case is pending. Do not rely on them.

When your family is ready, the conversation is with Jeff Snell directly. It costs nothing, and there is no pressure to decide anything on that call.

More: wrongful death · drunk driving accidents · Atlanta personal injury

Common questions

Who prosecutes a fatal crash in Atlanta?

The county district attorney. Most of Atlanta is in Fulton County, and the eastern part of the city is in DeKalb. The criminal case belongs to the State, and the family is not a party to it.

Do we need to open an estate to bring the claim?

For the estate's claims, yes. Someone must be appointed personal representative by the probate court of the county where the person lived, which for many Atlanta families is Fulton County.

Should we talk to the insurance companies that are calling?

You are not required to, and nothing should be signed in the first weeks. Insurers often make contact quickly.

Can a pedestrian death involve the city?

Sometimes. If lighting, crossings or road design contributed, there may be a claim against the city, with a six-month written notice deadline (O.C.G.A. § 36-33-5).

What if the driver was never charged?

The family's claim still stands. A conviction helps as evidence, but a plea to a lesser charge, or no charge at all, does not end the civil case.