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Georgia Wrongful Death Lawyer

Wrongful Death Lawyer

Justice and Compassion for Families Across Georgia

Losing someone you love is devastating. When that loss happens because of someone else’s negligence or recklessness, the pain cuts even deeper. At the Brodie Law Group, our Georgia wrongful death lawyers help families in Georgia hold negligent individuals and businesses accountable.

While no amount of money can ever replace your loved one, a wrongful death claim can help bring future financial stability, accountability, and closure. It ensures your family’s future is protected while honoring your loved one’s life that was lost.

Call our team at (478) 239-2780 today for a free consultation with a Georgia wrongful death attorney who will fight for you and your family’s rights.

What Is a Wrongful Death Claim in Georgia?

Under Georgia law at O.C.G.A. § 51-4-1, et al., wrongful death in Georgia is defined as the death of a person caused by another’s negligent, reckless, intentional, or criminal act.

These claims allow surviving family members to seek compensation for “the full value of the life of the deceased.”

In simple terms:

If your loved one could have filed a personal injury lawsuit had they survived, you can file a wrongful death claim on their behalf.

Who Can File a Wrongful Death Lawsuit in Georgia?

Georgia law establishes a clear hierarchy of who has the legal right to file:

  1. The surviving spouse – First in line to file and must share any recovery with minor children.
  2. The children of the deceased – If no spouse is living, surviving children may bring the claim.
  3. The parents of the deceased – If the deceased left no spouse or children.
  4. The estate’s personal representative – May file on behalf of the deceased’s next of kin.

Our wrongful death attorneys will help determine who should file and ensure the proper legal process is followed under Georgia law.

Common Causes of Wrongful Death in Georgia

The Brodie Law Group represents families throughout Georgia in cases involving:

  • Car Accidents – including drunk, distracted, or speeding drivers
  • Truck Accidents – involving negligent trucking companies and 18-wheelers
  • Motorcycle Accidents and Pedestrian Collisions
  • Medical Malpractice – surgical errors, misdiagnosis, or medication mistakes
  • Workplace and Construction Accidents
  • Premises Liability – unsafe property conditions or negligent security
  • Defective Products – manufacturing or design flaws that cause fatal injuries

Each case is unique, and our legal team investigates every detail to uncover the truth and secure the justice your loved one deserves.

Damages Available in a Georgia Wrongful Death Claim

A wrongful death case seeks to recover both economic and non-economic damages for the value of your loved one’s life, which may include:

  • Lost wages and future earnings
  • Funeral and burial expenses
  • Medical bills related to the fatal injury
  • Loss of companionship, guidance, and care
  • Pain and suffering of the deceased (through an estate claim)
  • Punitive damages for gross negligence or intentional harm

Our goal is to hold negligent parties accountable while ensuring your family receives full financial recovery.

Georgia Wrongful Death Law Explained

Under Georgia’s wrongful death statute, there are two distinct claims that may be filed after a fatal accident:

  1. The Wrongful Death Claim – Brought by the family for the “full value of the life of the deceased,” including both tangible (income, benefits) and intangible (love, companionship, enjoyment of life) elements.

  2. The Estate Claim (Survival Action) – Filed by the deceased’s estate to recover medical bills, funeral expenses, and pain and suffering experienced before death.

These claims are often pursued together to ensure that every aspect of your loved one’s life and suffering is fully represented in court.

Other Key Points You Should Know About Georgia Wrongful Death Law

  • Statute of Limitations: Most claims must be filed within two years from the date of death (O.C.G.A. § 9-3-33).
  • Modified Comparative Negligence: If the deceased was partly at fault, recovery may still be possible as long as they were less than 50% at fault.
  • Criminal Case Exception: If the death involves a criminal act (e.g., DUI homicide), the civil statute of limitations may be paused until the criminal case concludes.

Our attorneys work to ensure that no deadline or procedural issue jeopardizes your case.

How Wrongful Death Cases Work in Georgia

Understanding the process helps families feel more in control during a difficult time. Here’s what to expect:

  1. Initial Consultation – We review the facts and determine your family’s legal options.

  2. Investigation – We gather medical records, police reports, witness statements, and expert opinions.

  3. Estate Appointment – If necessary, a representative is appointed to file the estate claim.

  4. Demand & Negotiation – We present your case to the responsible party’s insurer.

  5. Filing the Lawsuit – If a fair settlement isn’t offered, we file suit and proceed to discovery.

  6. Mediation or Trial – Many cases settle through mediation, but we’re always ready to go to trial to secure justice.

How Is a Georgia Wrongful Death Case Valued?

There is no fixed formula for determining the worth of a wrongful death case. The value depends on factors such as:

  • The deceased’s age, health, and life expectancy

  • Earning history and future earning capacity

  • The strength of the liability evidence

  • The degree of negligence or misconduct involved

  • The emotional and financial impact on surviving family members

Our attorneys work with economists, financial experts, and life-care planners to accurately calculate lifetime losses and to maximize your recovery amount.

What To Do After Losing a Loved One in Georgia

If your loved one’s death may have been caused by negligence:

  1. Preserve Evidence – Keep accident reports, medical records, and communications from insurers.
  2. Document Financial Impact – Record funeral costs, medical bills, and lost income.
  3. Avoid Speaking With Insurance Companies – Adjusters often aim to settle quickly and cheaply.
  4. Contact a Georgia Wrongful Death Lawyer – We’ll investigate and handle every legal aspect while you focus on your family.

Evidence We Use in Georgia Wrongful Death Cases

Building a successful wrongful death claim requires careful evidence collection and expert analysis. We often use:

  • Police and accident reports

  • Medical and autopsy records

  • Witness statements

  • Employment and wage records

  • Expert testimony (medical, economic, accident reconstruction)

  • Photos, videos, and surveillance footage

  • Black box or electronic data from vehicles

Every piece of evidence helps tell your loved one’s story and helps prove the true impact of their loss to you and your family.

Common Defenses in Georgia Wrongful Death Cases

Insurance companies and defendants often attempt to limit compensation using common tactics such as:

  • Blaming the deceased through Georgia’s comparative negligence rule

  • Disputing causation, arguing that the injury didn’t cause the death

  • Minimizing future economic damages by challenging life expectancy or earning potential

  • Claiming no negligence due to alleged unforeseeable circumstances

At Brodie Law Group, we know these strategies well and we prepare your case to counter them from day one.

Georgia Wrongful Death Statistics & Context

Tragically, hundreds of preventable deaths occur in Georgia every year:

  • The Georgia Department of Transportation reports over 1,800 traffic fatalities annually each year.

  • Workplace deaths and medical errors remain leading causes of wrongful death in Georgia.

  • Rural counties and high-speed corridors like I-75, I-85, and I-285 account for a large share of fatal collisions that occur in Georgia.

Each statistic represents a family’s heartbreak and a reason we fight for families to make Georgia’s roads, workplaces, and communities safer.

Support and Resources for Grieving Families in Georgia

The aftermath of a wrongful death can often be emotionally and financially overwhelming. Georgia families can find support through:

  • Georgia Crime Victims Compensation Program – Financial help for eligible families after criminal wrongdoing

  • Hospice Foundation of America – Bereavement and grief resources

  • Compassionate Friends Georgia Chapters – Support for parents and siblings

  • Georgia Victim Assistance Network (GVAN) – Advocacy and resources for victims’ families

At Brodie Law Group, we not only handle your legal claim, we connect you with trusted local support networks to help your family begin the healing process.

Why Families Choose Brodie Law Group

At the Brodie Law Group, we combine legal strength with compassionate support. Families across Georgia choose us because we:

  • Handle wrongful death and serious injury cases exclusively
  • Offer free consultations and no fees unless we win
  • Have recovered millions for families across Georgia
  • Provide personal, one-on-one communication with your legal team and your attorney
  • Treat every client with dignity, compassion, and respect

Areas We Serve Across Georgia

Our firm proudly represents families statewide, including:

  • Atlanta Wrongful Death Lawyer
  • Augusta Wrongful Death Lawyer
  • Columbus Wrongful Death Lawyer
  • Dublin Wrongful Death Lawyer
  • McDonough Wrongful Death Lawyer
  • Milledgeville Wrongful Death Lawyer
  • Macon Wrongful Death Lawyer
  • Savannah Wrongful Death Lawyer
  • Warner Robins Wrongful Death Lawyer

If your loved one’s death occurred anywhere in Georgia, we can help.

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Frequently Asked Questions About Wrongful Death in Georgia

How long do I have to file a wrongful death lawsuit in Georgia?

You generally have two years from the date of death under O.C.G.A. § 9-3-33, though certain exceptions may extend or shorten that period.

What damages can be recovered in a wrongful death case?

You may recover the full value of the deceased’s life, including lost income, companionship, and benefits, plus funeral and medical costs through the estate claim.

Can I bring a wrongful death claim if criminal charges are pending?

Yes. The civil case is separate, but your attorney can coordinate with law enforcement to preserve evidence and manage timing issues.

Do I have to go to court?

Not always. Many wrongful death cases settle through negotiation, but we prepare every case as if it will go to trial to ensure the best outcome.

How much does it cost to hire a wrongful death lawyer?

At Brodie Law Group, you pay nothing upfront. We work on a contingency fee basis, meaning you pay only if we recover compensation for your family.

Contact Our Georgia Wrongful Death Lawyers Today

If your loved one’s death was caused by negligence, don’t face the legal system alone. Let the Brodie Law Group handle the fight for justice while you focus on your family and healing.

Call (478) 239-2780 or complete our Free Injury Case Evaluation Form to speak with a compassionate Georgia wrongful death attorney today.

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