When a Life Is Lost to Someone Else’s Negligence.
Georgia law gives the family two separate claims: one for the value of the life lost, and one held by the estate. We handle both, carefully and privately.
Wrongful Death Claim
Belongs to the family. Recovers the full value of the life from the decedent’s perspective.
- Lost income and benefits
- Household services
- Companionship, consortium, parental guidance
- Intangible value of being alive
Estate Claim
Belongs to the estate. Recovers economic losses and pre-death suffering.
- Medical expenses before death
- Funeral and burial costs
- Pain and suffering before death
- Property damage
Georgia’s Order of Priority
Only specific family members can bring a wrongful-death claim in Georgia, in this order. If no one in the earlier tier survives, the right passes to the next.
Surviving Spouse
Receives a minimum one-third of any recovery, even with children.
Surviving Children
Minor and adult — share the recovery alongside the spouse, or fully if no spouse.
Parents
File when there is no surviving spouse or child.
Estate Representative
Brings the claim when no immediate family survives.
The Clock Starts the Day of the Death.
Evidence fades, witnesses move, surveillance is overwritten. Waiting costs cases.
Georgia’s general wrongful-death deadline
Under O.C.G.A. § 9-3-33, most wrongful-death claims must be filed within two years of the date of death. Criminal proceedings, probate, and minor plaintiffs can affect that clock — we assess every factor.
Full Value of Life + Estate Losses
Georgia splits recoverable damages between the family’s wrongful-death claim and the estate’s claim. We build and document both.
Full Value of the Life — Family
- Lost earnings and benefits over lifetime
- Lost household services
- Loss of consortium and companionship
- Loss of parental guidance and care
- Loss of enjoyment of life itself (from the decedent’s perspective)
Estate Claim — Representative
- Medical expenses before death
- Funeral, burial, or cremation expenses
- Pain and suffering before death
- Property damage
- Punitive damages, where warranted
What We Have to Prove
Every wrongful-death case is a negligence case at its core. We establish the four elements and the comparative-fault math.
Duty
A legal obligation to act safely was owed to the decedent.
Breach
That duty was violated by the defendant’s conduct.
Causation
The breach directly caused the death.
Damages
The family and estate suffered real, measurable losses.
How We Handle a Wrongful-Death Case
Private, respectful, thorough. The family’s grief is not a strategy — our preparation is.
A confidential meeting on your schedule, no pressure.
Spoliation letters, scene investigation, witness interviews.
Wrongful-death and estate claims filed correctly.
Economists, life-care planners, mental-health experts.
Settle for full value when possible — trial when required.
Frequently Asked Questions
Who has the right to sue for wrongful death in Georgia?+
Surviving spouses have first priority, then children, then parents, then the estate representative if no family survives.
How is recovery divided?+
A surviving spouse receives at least one-third, with the rest divided among surviving children. Specific division follows O.C.G.A. §§ 51-4-2 and 51-4-5.
What’s the filing deadline?+
Generally two years from the date of death under O.C.G.A. § 9-3-33. Some events can pause or shorten that — call early.
What if our loved one was partially at fault?+
As long as the decedent was less than 50% at fault, the family can still recover, with the award reduced by that percentage.
Does it cost anything to speak with you?+
No. Consultations are free and we only charge a 25% contingency fee if we recover on your behalf.
We’ll Carry the Legal Weight. You Focus on Family.
Free, private consultation. 25% fee, nothing unless we recover. Two years from the date of death is less time than it seems — call Buddy today.
Call (844) 422-8339 Now — It’s Free