Georgia Wrongful Death Law
Understanding Georgia's Wrongful Death Act
Georgia's Wrongful Death Act (OCGA § 51-4-1 et seq.) allows the surviving family members of a person killed by another's negligence, recklessness, or intentional conduct to recover compensation for the "full value of the life" of the deceased. This standard is broader than many other states and encompasses both the economic contributions the deceased would have made to the family and the intangible value of their companionship, guidance, and love. Attorney Sherota has the experience and resources to fully quantify both components and present them compellingly to a jury or in settlement negotiations.
Wrongful death cases are among the most complex and emotionally demanding in personal injury law. They require forensic economic analysis, life care planning, expert medical testimony, and a deep understanding of Georgia's unique statutory framework. They also require an attorney who understands that behind every case is a family in grief — and who treats that family with the compassion and respect they deserve while fighting relentlessly for the justice they are owed.
Common Causes
Wrongful Death Cases We Handle
Motor Vehicle Accidents
Car, truck, motorcycle, and pedestrian accidents are among the leading causes of wrongful death in Georgia. We investigate the cause of the crash, identify all liable parties — including commercial trucking companies and their insurers — and pursue maximum compensation for your family.
Medical Malpractice
When a physician, hospital, or healthcare provider's negligence causes a patient's death, the family may bring a wrongful death claim. These cases require expert medical testimony and a thorough understanding of Georgia's medical malpractice statutes. We retain qualified experts to establish the standard of care and how it was breached.
Premises Liability
Deaths caused by unsafe property conditions — including falls, swimming pool drownings, and inadequate security — give rise to wrongful death claims against property owners. We investigate the condition of the property and the owner's knowledge of the hazard.
Workplace Accidents
When a worker is killed on the job due to a third party's negligence — a contractor, equipment manufacturer, or property owner — the family may have a wrongful death claim in addition to workers' compensation benefits. We identify all potential sources of recovery.
Criminal Acts & Negligent Security
Property owners who fail to provide adequate security can be held liable for deaths caused by criminal acts on their premises. We pursue both the criminal perpetrator and the negligent property owner.
Defective Products
When a defective product — a vehicle, medical device, or consumer product — causes a death, the manufacturer, distributor, and retailer may all be liable. We work with product liability experts to establish the defect and its causal role in the death.
What Your Family Can Recover
Damages in Georgia Wrongful Death Cases
Full Value of the Life of the Deceased
Under OCGA § 51-4-2, the surviving spouse and children may recover the 'full value of the life' of the deceased — including both economic and non-economic contributions to the family.
Medical & Funeral Expenses
The estate may recover medical expenses incurred before death and funeral and burial expenses.
Lost Income & Future Earnings
Compensation for the income the deceased would have earned over their expected working life, including benefits and retirement contributions.
Loss of Companionship & Consortium
Compensation for the loss of the deceased's love, companionship, guidance, and support.
Pain & Suffering of the Deceased
If the deceased survived for a period before death, the estate may recover for their pain and suffering during that period.
Punitive Damages
In cases of egregious conduct — such as drunk driving or willful disregard for safety — Georgia law allows additional punitive damages.
We Are Here For Your Family
Let Us Fight For Your Loved One
No amount of money can replace a loved one. But holding the responsible party accountable — and securing your family's financial future — is an act of justice your loved one deserves. We handle wrongful death cases on a contingency fee basis. You pay nothing unless we win.
Free Consultation
All consultations are free and completely confidential. We come to you if needed. There is no obligation and no fee unless we recover compensation for your family.
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Frequently Asked Questions
Wrongful Death Claims in Georgia — FAQ
Who can file a wrongful death claim in Georgia?
Under Georgia's Wrongful Death Act (OCGA § 51-4-2), the right to bring a wrongful death claim belongs first to the surviving spouse. If there is no surviving spouse, the claim passes to the surviving children. If there are no surviving children, the claim passes to the parents of the deceased. The estate administrator may also bring a claim for certain damages, including medical expenses and pain and suffering before death.
How long do I have to file a wrongful death claim in Georgia?
Georgia's statute of limitations for wrongful death claims is generally two years from the date of death (OCGA § 9-3-33). However, certain circumstances can toll (pause) this deadline — for example, if the defendant is a government entity, different notice requirements and shorter deadlines may apply. It is critical to consult an attorney as soon as possible after a loved one's death.
What is the 'full value of the life' standard in Georgia wrongful death cases?
Georgia's wrongful death statute allows recovery for the 'full value of the life' of the deceased — a standard that is broader than many other states. It includes both the economic value of the deceased's contributions to the family (income, services) and the non-economic value (companionship, guidance, love). Georgia juries are instructed to consider the deceased's life expectancy, earning capacity, health, habits, and the nature of their relationships with family members.
Can I bring a wrongful death claim if the at-fault party was criminally charged?
Yes. A wrongful death civil claim is entirely separate from any criminal prosecution. The criminal case is brought by the state and requires proof beyond a reasonable doubt. The civil wrongful death claim is brought by the family and requires only proof by a preponderance of the evidence (more likely than not). You can pursue a civil claim regardless of whether criminal charges are filed or result in a conviction.
How much does it cost to hire a wrongful death attorney?
We handle wrongful death cases on a contingency fee basis — you pay no attorney's fees unless we recover compensation for your family. This means you can pursue justice for your loved one without any upfront financial risk. We advance all case expenses and are only reimbursed if we win.
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Talk to an Attorney Today
Your first consultation is completely free and confidential. Attorney Brent Sherota personally reviews every inquiry and typically responds within one business day.
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