Losing someone in a preventable crash? Start with the question of who can bring a claim.

A wrongful death claim in Georgia lets certain family members seek compensation after a person dies because of another party’s negligence or wrongful conduct. Under Georgia law, a surviving spouse may bring the claim, or children may bring it if there is no surviving spouse. This page explains who can file, the general time limit, and what your family should protect now. Ugwonali Law Group offers a free, confidential first consultation, with no obligation to continue. Our team can talk with you in English or Spanish.

What a Wrongful Death Claim Means in Georgia

A wrongful death claim asks the law to hold someone responsible for a death they caused through negligence or wrongful conduct. It is different from an injury claim the person could have brought while still alive. The family’s claim seeks the full value of the life of the person who died, as shown by the evidence. Under Georgia’s wrongful death statute, a surviving spouse, or a child or children (whether minors or adults) when there is no surviving spouse, may recover for the homicide of a spouse or parent the full value of the decedent’s life, as shown by the evidence.

These cases move on records. Medical records, crash or incident reports, and sometimes autopsy findings shape the timeline. Each record can change what happens next. That is why families often feel overwhelmed in the first weeks. Knowing what the process looks like can make those weeks easier to handle.

Who Can Bring a Wrongful Death Claim Under Georgia Law

A surviving spouse usually has the first right to bring a wrongful death claim in Georgia. If there is no surviving spouse, the child or children may bring it. The statute lets the spouse recover “the full value of the life of the decedent, as shown by the evidence” (O.C.G.A. § 51-4-2).

The same statute sets how money is shared. The recovery is divided equally, per capita, among the surviving spouse and the children, and the surviving spouse receives at least one-third of the recovery. If there is no spouse, the children share the recovery equally, per capita, and the descendants of children take per stirpes.

A child’s death follows different rules. The statute points to other Georgia code sections for that claim (O.C.G.A. § 51-4-4). When no one qualifies to sue under those sections, the personal representative of the estate, usually the administrator or executor, may bring the action for the next of kin (O.C.G.A. § 51-4-5).

Relationships matter, and the order of who may file matters too. Confirm who holds the claim before deadlines pass. Bring your family details to the free consultation so the team can explain how these rules apply to your situation.

Fatal Incidents Our Team Handles Across Metro Atlanta and Georgia

Our team handles wrongful death matters arising from serious truck and car crashes, fatal falls on unsafe property, and deaths after serious brain or spinal injuries. Each case turns on its own facts.

Truck crashes can involve a company as well as a driver. Georgia law says a person is liable for torts committed by a servant “in the prosecution and within the scope of his business” (O.C.G.A. § 51-2-2). Commercial insurance may sit behind the at-fault company.

Fatal falls on property raise a different question. An owner or occupier who invites people onto the premises must use ordinary care to keep the premises and approaches safe (O.C.G.A. § 51-3-1).

When a person dies after hospital care, medical bills matter. Medical expenses are limited to the reasonable value of medically necessary care (O.C.G.A. § 51-12-1.1). The personal representative may also recover funeral, medical, and other necessary expenses when a death results from a crime or from criminal or other negligence (O.C.G.A. § 51-4-5).

Families can start gathering documents now. Useful items include police or crash reports, hospital and medical records, bills, photos, and names of witnesses.

Georgia’s Filing Deadline and Evidence Families Should Protect

Georgia’s general deadline for actions for injuries to the person is two years after the right of action accrues, except for actions involving loss of consortium, which must be brought within four years (O.C.G.A. § 9-3-33). Waiting can cost your family time it needs.

Evidence can disappear quickly. Vehicle data, surveillance video, trucking company logs, and repair or maintenance records may be overwritten or discarded. Early requests matter.

Insurers may ask for recorded statements soon after a death. Talk with a lawyer before giving one.

Other parties may argue the person who died was partly at fault. If the plaintiff is to some degree responsible for the injury or damages claimed, the damages awarded are reduced in proportion to his or her percentage of fault, and a plaintiff who is 50 percent or more responsible is not entitled to receive any damages (O.C.G.A. § 51-12-33).

Practical steps now include keeping the death certificate, medical and billing records, insurer letters, and a dated timeline of events.

Where Our Team Serves Families: Atlanta, Fulton, Clayton, Cobb, and Rockdale Counties

Ugwonali Law Group is located at 3400 Peachtree Road NE, Atlanta, Georgia. Our team serves families in metro Atlanta, including Fulton, Clayton, Cobb, and Rockdale Counties. We also serve families in Marietta, Jonesboro, and Conyers.

Wrongful death matters are handled statewide in Georgia. Families outside metro Atlanta can still contact the team.

Intake staff can help in English or Spanish. Families can describe what happened in the language they use most.

Our team works with working- and middle-class families. We explain the legal and medical process in plain language, because many families have never faced a claim like this before.

What to Expect at Your Free Case Review

Your first consultation with Ugwonali Law Group is free, confidential, and comes with no obligation to continue.

On the call or visit, you share the basic facts, the timeline, and who the surviving family members are. Our team explains the process in plain terms. You decide what to do next.

The team does not predict results or amounts at the review. Outcomes depend on the facts and the evidence.

Adanna Ugwonali is the responsible lawyer for this page.

Frequently asked questions

Responsible lawyer: Adanna Ugwonali, Ugwonali Law Group, 3400 Peachtree Road NE, Atlanta, Georgia. Request a free case review at attorneyadanna.com/contact. This page is general information, not legal advice.