When Someone You Love Dies Because of Another's Negligence, You Deserve Clear Answers

Wrongful Death Claims in Georgia: How a Family Claim Works

A wrongful death claim is a civil case a family can bring when a loved one dies because of another party’s negligent or wrongful act. It is separate from any criminal case. If your family in Conyers or Rockdale County is facing this, you likely have three questions. Who can file? What can the claim cover? How much time is there? This guide answers each one in plain language.

Ugwonali Law Group represents families in wrongful death matters across metro Atlanta, in Rockdale County including Conyers, and across Georgia. Our office is at 3400 Peachtree Road NE, Atlanta, Georgia.

Who can bring a wrongful death claim in Georgia?

A surviving spouse can bring the claim first. If there is no surviving spouse, the children can bring it.

Georgia law sets out this order in O.C.G.A. § 51-4-2. It allows a surviving spouse to recover for the homicide of a spouse or, if there is no surviving spouse, allows a child or children to recover for the homicide of a parent. If there is no surviving spouse, a child or children may recover.

The death of a child follows a separate rule under O.C.G.A. § 51-4-4. That section points to other Georgia code sections for the details.

That rule appears in O.C.G.A. § 51-4-5.

Who is in line can get confusing, especially in blended families or when an estate is still open. Bring the decedent’s marriage and family records to your first call. That helps the team confirm who is in line.

Which fatal incidents does this page cover?

This page covers fatal incidents tied to serious harm and medical treatment within the firm’s practice areas. These include:

• Fatal truck accidents involving a trucking company, its driver, or its cargo. See truck accident wrongful death claims.
• Fatal car accidents on Conyers and Rockdale County roads.
• Deaths from unsafe property conditions, such as a fatal fall. Lawyers call this premises liability.
• Deaths that followed catastrophic injury, traumatic brain injury, or spinal cord injury, after hospital care and treatment by a medical doctor.

These examples are not a complete list of every fatal event. The facts of each death decide which claim fits.

What can a Georgia wrongful death claim recover?

A wrongful death claim under O.C.G.A. § 51-4-2 (Manfred Keais, As Next of Kin and As Administrator of the Estate of Eric Keais v. Othel D. Kelley, Iii (2026)) is brought by the surviving spouse or, if there is no surviving spouse, a child or children, to recover the full value of the decedent’s life, as shown by the evidence. The evidence is how a family shows that value.

Any amount recovered is divided among the family under a set formula. The amount is divided equally among the surviving spouse and children, but the surviving spouse gets at least one-third (O.C.G.A. § 51-4-2). That recovery is also not subject to the decedent’s debts or liabilities.

Funeral, medical, and other necessary expenses are a separate item. The personal representative may recover them when death results from a crime or from negligence (O.C.G.A. § 51-4-5). Georgia also treats necessary expenses from an injury as a legitimate part of damages (O.C.G.A. § 51-12-7).

Fault can reduce the award. Under O.C.G.A. § 51-12-33, the judge reduces damages in proportion to the plaintiff’s share of fault. A plaintiff who is 50 percent or more responsible for the harm cannot recover damages.

Families often gather hospital bills, funeral receipts, and records of the decedent’s work and role at home. Those records help show the losses in the claim.

What are the deadlines, and what evidence matters early?

Georgia’s general deadline for injury claims is two years after the right of action accrues, except for injuries to reputation, which must be brought within one year, and loss of consortium, which has four years. That rule is in O.C.G.A. § 9-3-33: actions for injuries to the person must be brought within two years after the right of action accrues, except for injuries to reputation, which must be brought within one year, and actions for injuries to the person involving loss of consortium, which must be brought within four years after the right of action accrues. Don’t assume you have extra time.

Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues. Under O.C.G.A. § 9-3-99, the period for a tort action by the victim of an alleged crime committed in this state is tolled from the date of the commission of the alleged crime or the act giving rise to the action until the prosecution has become final or otherwise terminated. That pause cannot exceed six years. Whether it applies depends on the facts.

Evidence fades quickly after a crash. Start preserving these items now:

• Photos and video, including any dashcam or vehicle footage
• Names and contact details for witnesses
• 911 records and medical records
• In truck cases, driver logs and maintenance records

Keep receipts, letters, and insurer messages in one folder. Read more about the official fatal crash report and how criminal charges relate to a civil claim.

How does the process work, step by step?

The process begins with a confidential call. It moves through document review, investigation, and a claim to the insurer. Court comes only if a fair resolution cannot be reached.

1. First call. We listen to what happened and answer your first questions. Intake is available in English or Spanish.
2. Document review. We gather the crash or incident report, the medical and death records, and your family’s timeline.
3. Investigation. We identify who may be responsible and which insurance policies may apply. We list the evidence to preserve or request.
4. Claim presentation. We send a demand to the responsible insurer and negotiate if the insurer engages.
5. Litigation, if needed. If a fair resolution cannot be reached, we file in the appropriate Georgia court. Timelines depend on the insurers, the evidence, and court schedules. We explain each step as it comes up.

What should you ask about fees and costs?

The firm offers a free first consultation that is confidential and carries no obligation to continue.

Before you sign anything, ask these questions and request the answers in writing:

• How are attorney fees calculated?
• Will the family still owe court costs and case expenses? If so, how are they handled?
• Who will speak with insurers, and how often will the family get updates?
• Who should the family call between updates?

Why work with Ugwonali Law Group on a family claim?

Ugwonali Law Group is led by attorney Adanna Ugwonali, who is the responsible lawyer for this page. Our lawyers and support staff handle wrongful death matters for families in Atlanta, Rockdale County including Conyers, and across Georgia.

Intake staff sign clients on the first call, in English or Spanish. That helps families who need to move quickly.

The firm’s practice covers serious injury and wrongful death. That includes truck accidents, car accidents, traumatic brain injury, spinal cord injury, catastrophic injury, premises liability, and slip and fall.

Our office is at 3400 Peachtree Road NE, Atlanta, Georgia.

Frequently asked questions

Talk with our team about your family’s claim

If your family in Conyers or Rockdale County lost someone in a truck crash, a car crash, or an unsafe-property incident, the insurer calls and the deadlines can feel overwhelming. You don’t have to sort it out alone. Request a free case evaluation or call our team to talk through what happened. Intake is available in English or Spanish.