Wrongful Death Lawyer in Alpharetta, GA

There are often two separate claims

When someone dies because of another person’s negligence, Georgia law usually creates two claims, brought by different people for different things.

The wrongful death claim is for the value of the life that was lost. It belongs to the family members Georgia names, in a set order.

The estate’s claims cover what the death cost and what the person went through before it. The personal representative of the estate can recover medical, funeral and other necessary expenses from the final injury (O.C.G.A. § 51-4-5(b)). Separately, any conscious pain and suffering the person experienced before death is pursued as a survival claim, because their own injury claim survives them (O.C.G.A. § 9-2-41).

Wrongful death cases are the most serious part of our Alpharetta personal injury work, and families meet with Jeff Snell directly at our Alpharetta practice.

Who brings the wrongful death claim

Georgia sets the order in O.C.G.A. §§ 51-4-2 through 51-4-5:

1. A surviving spouse brings the claim. If there are also children, the spouse brings it on their behalf as well, and the recovery is shared. The spouse receives no less than one-third, however many children there are.
2. If there is no spouse, the children bring it.
3. If there is no spouse and no children, the parents bring it.
4. If none of those survive, the administrator or executor of the estate brings it, and any recovery goes to the next of kin.

Families sometimes disagree about this, especially in blended families. The order is set by statute, not by who is closest to the person or who handles the funeral.

The estate’s claims need a personal representative appointed by the county probate court. The Council of Probate Court Judges of Georgia publishes the standard forms those courts use.

What the claim is measured by

This is where Georgia differs from many states. The wrongful death claim is measured by the “full value of the life of the decedent” (O.C.G.A. § 51-4-2). It is judged from the perspective of the person who died, not the grief of those left behind.

That value has two parts. The economic part: what the person would have earned and contributed over the rest of their life. And the intangible part: the value of the life itself — the years, the relationships, the experiences that were taken away.

The intangible part has no formula. It is decided by a jury, or negotiated with that in mind, based on evidence of who the person was and how they lived. That evidence comes from the family, from friends and coworkers, and from the details of a life.

How these cases happen

Car and truck crashes, by a large margin. Drunk and impaired drivers. Pedestrian and motorcycle crashes. Workplace accidents. Assaults on properties that ignored known risks.

When a death happens at work

If the person who died was working at the time, Georgia workers’ compensation provides death benefits to dependents, including funeral expenses and weekly income benefits. Those benefits are limited, and they do not account for the value of the life itself. Sometimes someone other than the employer caused the death, such as a driver, a contractor or a property owner. A wrongful death claim against them can run alongside the comp benefits. See workers’ compensation and work-related car accidents.

The deadline

Generally two years from the date of death to file suit (O.C.G.A. § 9-3-33). There are some exceptions that can extend that period, including while a related criminal case is pending or before an estate has been opened. Do not plan around them.

What to do now

You do not need to decide anything quickly. But some evidence does not wait: vehicle data, video, the scene, witness memories. If a crash was involved, the vehicles should not be repaired or scrapped until they have been documented.

If a criminal case is underway against the person responsible, the wrongful death claim is separate from it and does not depend on its outcome. See drunk driving accidents for how the two run side by side.

When you are ready to talk, the conversation is with Jeff Snell directly, and it costs nothing.

When you are able, gather what you can into one place. That means the death certificate, the police report number, insurance cards, recent pay stubs or tax returns, and the doctors and hospitals involved. Those documents help establish both the family’s claim and the estate’s claim, and having them together makes the first meeting more useful. Nothing has to be complete before you call.

Common questions

Who can file a wrongful death claim in Georgia?

A surviving spouse first, sharing any recovery with the children. If there is no spouse, the children bring it, and if neither, the parents. If none survive, the estate's administrator or executor brings it for the next of kin (O.C.G.A. §§ 51-4-2 through 51-4-5).

How is a wrongful death claim valued in Georgia?

By the full value of the life of the person who died, judged from their perspective (O.C.G.A. § 51-4-2). That includes what they would have earned and the intangible value of the life itself.

What is the difference between the wrongful death claim and the estate's claims?

The wrongful death claim is for the value of the life and belongs to the family. The estate's claims cover medical and funeral expenses and the person's conscious pain and suffering before death.

How long does a family have to file?

Generally two years from the date of death (O.C.G.A. § 9-3-33). Some exceptions can extend it, such as while a related criminal case is pending, but it is unsafe to plan around them.

Does the criminal case have to end first?

No. The wrongful death claim is separate from any criminal case and does not depend on its outcome.

What documents should we gather first?

The death certificate, the police report number, insurance cards, recent pay stubs or tax returns, and the names of the doctors and hospitals involved. None of it has to be complete before the first call.