The Wrongful Death Lawsuit Process in Georgia – Step by Step

Filing the Lawsuit: Who Can File and Where It Begins

The first step in a wrongful death case is identifying the right person to file. Under Georgia law, that might be a surviving spouse, child, parent, or the estate’s administrator. (Not sure where your family fits? See our page on who can file a wrongful death lawsuit in Georgia for the legal hierarchy.)

Once the proper party is determined, your attorney files a formal complaint in civil court. If no estate has been established, the court may first appoint an administrator. Filing early is key—especially in metro Atlanta courts where dockets can move slowly and statute deadlines matter.

Pre-Suit Investigation: Laying the Groundwork

Before the case is even filed, much of the work begins. Our firm may:

• Collect police and autopsy reports
  
• Review surveillance footage (such as traffic cameras around Cascade, Moreland Ave, or Buford Highway)
  
• Interview eyewitnesses or first responders
  
• Consult with medical and accident reconstruction experts
  
  

In fatal truck accidents or commercial liability cases, we may also investigate companies and their insurance coverage before anyone is even served.

Complaint and Answer: The Official Start of Litigation

Once the wrongful death lawsuit is filed, the defendant (or their insurance company) is served with the complaint. They typically respond within 30 days. This “answer” might deny fault or try to shift blame. It’s a formal but expected step—and it officially kicks off the litigation phase.

The Discovery Phase: Sharing Evidence and Building the Case

Discovery is where both sides exchange the evidence that will shape the outcome. This includes:

• Written questions (interrogatories)
  
• Requests for documents (like medical bills, employment records, insurance policies)
  
• Depositions—sworn testimony from family members, eyewitnesses, experts, and the defendant(s)
  
  

While emotionally difficult, this phase is essential to proving damages and liability. We work with you to prepare for depositions and protect your time and mental energy throughout the process.

Settlement Negotiations: When Resolution May Happen

Many wrongful death cases in Georgia resolve through negotiation—often during or after discovery. Once the facts are out, both sides better understand the strengths and weaknesses of the case.



We might participate in mediation or direct negotiations. At Ugwonali Law Group, we never push a family to settle unless the offer is truly fair. If it’s not, we move forward with full confidence in our litigation plan.

Trial: When Justice Requires a Jury

If no fair settlement is reached, the case proceeds to trial. At trial, your attorney presents:

• Evidence of fault (such as cellphone records, crash analysis, or company policy violations)
  
• Testimony from economic experts to show lost income and “full value of life”
  
• Statements from loved ones about the personal impact of the loss
  
  

The jury hears both sides, deliberates, and returns a verdict. A trial might last a few days to several weeks. Ms. Ugwonali brings years of courtroom experience and is always prepared to fight for justice in front of a jury.

Appeals and Post-Trial Motions

Sometimes, a defendant may challenge the verdict or award through an appeal—especially in high-value cases. Appeals can delay final payouts, but we handle them as part of the process when necessary. Most cases, however, resolve before this step.

How Long Does a Wrongful Death Case Take in Georgia?

There’s no fixed timeline, but most cases take anywhere from 12 to 24 months—sometimes longer if trial or appeal is involved. Some cases settle earlier, within a few months, if liability is clear and damages are well-supported. We keep families informed at every step and work diligently to move cases forward as efficiently as possible.

The Emotional Weight of the Process

Legal action can re-open wounds—especially during depositions or trial. That’s why we handle as much of the burden as possible, keeping your involvement focused and strategic. We can often schedule sensitive events like depositions with flexibility to support your healing process.



We know this isn’t just about money—it’s about honoring someone’s life and making sure the loss is not dismissed. We treat every client’s case with that level of respect.