Atlanta Wrongful Death Lawyer
Losing a family member due to someone else’s negligence is devastating. At Landry Legal, we provide compassionate yet aggressive representation to Atlanta families pursuing wrongful death claims. We fight to secure justice and the financial security your family deserves during this difficult time.
Who Can File a Wrongful Death Claim in Georgia?
Under Georgia law (O.C.G.A. § 51-4-2), a wrongful death claim may be brought by the surviving spouse, or if there is no spouse, by the children. If there is no spouse or children, the parents or the administrator of the estate may file. The claim must be filed within two years of the date of death.
Common Questions
Wrongful Death FAQ.
What is the “full value of the life” in a Georgia wrongful death case?
Georgia is unique in allowing recovery of the “full value of the life of the decedent” — measured from the deceased person’s perspective, not the survivors’. It includes both economic value (lost income and services) and intangible value (the enjoyment of living). This standard often makes Georgia wrongful death claims substantial, and we make sure insurers do not minimize it.
Who receives the money in a wrongful death claim?
The wrongful death recovery generally goes to the surviving spouse and children (a spouse’s share cannot be less than one-third). A separate “estate” claim for the decedent’s medical bills, funeral expenses, and pre-death pain and suffering is brought by the estate administrator. We handle both claims together.
How long do we have to file a wrongful death lawsuit in Georgia?
Generally 2 years from the date of death, though the deadline can be tolled — for example, while an estate is being set up or if there is a related criminal case. Because exceptions are fact-specific, it is important to consult an attorney promptly.
Injured in Atlanta? Get your free case evaluation.
Our Atlanta personal injury attorneys are ready to evaluate your wrongful death case at no cost. Call us or fill out the form to get started.