When a loved one dies, families deserve clear answers and steady guidance

If someone you love died in a crash or a fall on unsafe property, you may be trying to understand what the law allows your family to do. In short, Georgia wrongful death law lets certain family members bring a civil claim against the person or business whose wrongful act caused the death. Usually, a surviving spouse brings the claim, and children may bring it when there is no surviving spouse. This page explains how the claim works, the timing rules, and what happens after a family reaches out.

What is a wrongful death claim in Georgia?

A wrongful death claim is a civil case a family brings after a death caused by another party’s negligent or wrongful act. It seeks compensation for losses that come from the death itself. Under O.C.G.A. § 51-4-2, a surviving spouse, or a child when there is no spouse, may recover “the full value of the life of the decedent, as shown by the evidence.”

That phrase matters. Georgia law does not limit the case to medical bills or lost wages. The family must show the value of the life that was lost, using evidence.

This firm handles wrongful death matters that arise from fatal truck and car crashes, fatal falls on unsafe property, and deaths that follow a catastrophic brain or spinal injury with hospital care. The firm does not handle negligent security cases or claims against a government entity.

What kinds of crashes and accidents lead to these claims?

Most wrongful death cases start with a serious crash or with a fall on property that was not kept safe. The facts of each death decide whether a claim fits.

Truck accidents. A commercial truck crash can involve a driver, a motor carrier, and other companies. Federal rules set minimum insurance levels. For for-hire carriers in interstate or foreign commerce hauling nonhazardous property, the minimum is $750,000 for vehicles rated 10,001 pounds or more, under 49 C.F.R. § 387.9.

Georgia also makes a person liable for torts of a servant committed in the scope of the business, under O.C.G.A. § 51-2-2.

Car accidents. A fatal collision often turns on whose insurance covers the other driver. Identifying that coverage early matters.

Premises and slip-and-fall deaths. A fatal fall can follow a hazard the owner knew about or should have fixed. These cases turn on what the owner knew and what it did about the condition.

Families often gather the death certificate, hospital and medical records, police or incident reports, photos, and witness names. Evidence changes quickly. Vehicles get repaired and spills get cleaned up, so early requests help.

Who can file a wrongful death claim in Georgia?

A surviving spouse may bring the claim, and if there is no surviving spouse, the children may. Under O.C.G.A. § 51-4-2, a surviving spouse receives no less than one-third of any recovery.

When no one may bring the claim under those rules, the administrator or executor of the estate may bring it for the next of kin, under O.C.G.A. § 51-4-5. When death results from a crime or from criminal or other negligence, the personal representative may recover funeral, medical, and other necessary expenses.

Georgia’s general limit for actions for injuries to the person is two years after the right of action accrues, under O.C.G.A. § 9-3-33. How that period applies to a particular death depends on its facts. That is why timing is one of the first questions a review answers.

A deadline is a reason to reach out early, not a reason to rush. You do not need every record before you call. Many families start with their questions and bring documents as they find them.

How is compensation determined under Georgia law?

Georgia measures a wrongful death recovery by “the full value of the life of the decedent,” as shown by the evidence. Families often also talk through the income the person would have earned and the loss of companionship, guidance, and care.

Records can help document the losses a person has suffered. Special damages “must be proved in order to be recovered,” under O.C.G.A. § 51-12-2. Medical expenses are limited to “the reasonable value of medically necessary care, treatment, or services,” under O.C.G.A. § 51-12-1.1.

Fault rules matter too. Under O.C.G.A. § 51-12-33, if the plaintiff is partly at fault, the damages awarded are reduced in proportion to the plaintiff’s own percentage of fault. A plaintiff who is 50 percent or more responsible for the injury or damages claimed cannot recover. Damages are apportioned among liable persons and are not joint liability.

Recovery is divided among the eligible family members under the statute. Value turns on the evidence in each case, and no article can predict an amount.

What happens after you reach out?

The first step is a conversation with our intake team, and a case review follows. Here is how the process usually moves.

1. First call. Intake staff, in English or Spanish, listen to what happened. They answer basic questions about who may file and the timing involved.
2. Case review. The firm looks at the facts, the records you have, and who may be responsible. It explains what the review can and cannot show at that stage.
3. Records and evidence. The team helps request crash or incident reports, medical records, and the death certificate. It works to identify insurance for the responsible party.
4. Claim. The claim is presented to the responsible parties and their insurers. Families receive updates at each stage.
5. Negotiation or lawsuit. If the claim does not resolve, a lawsuit may be filed. Timelines vary, so next steps are explained for each case.

Our lawyers and support staff handle these steps. Decisions about the case belong to the family, and the lawyers explain the options.

Why families bring their cases to Ugwonali Law Group

Ugwonali Law Group is based at 3400 Peachtree Road NE, Atlanta. The firm represents families in wrongful death matters across metro Atlanta and statewide in Georgia, including people in Fulton, Clayton, Cobb, and Rockdale counties and in Marietta, Jonesboro, and Conyers.

Adanna Ugwonali is the responsible lawyer for this page. Our team includes assistants and office staff who help families gather records and stay in contact.

Intake is available in English and Spanish. The first consultation is free, confidential, and without any obligation to continue. The firm handles truck and car accidents, wrongful death, traumatic brain injury, spinal cord injury, catastrophic injury, premises liability, and slip and fall matters. It works to explain the legal and medical process in plain words.

Frequently asked questions

This page is general information, not legal advice. Responsible lawyer: Adanna Ugwonali, Ugwonali Law Group, 3400 Peachtree Road NE, Atlanta, Georgia.