Understanding Wrongful Death in Georgia

Losing a loved one is devastating, especially when that loss results from someone else’s negligence or wrongful act. In these heartbreaking circumstances, Georgia law provides a legal avenue known as wrongful death to hold responsible parties accountable and secure compensation for affected families.

At The Jewkes Firm, we understand the emotional and financial turmoil wrongful death cases cause. Our experienced Georgia personal injury attorneys are dedicated to guiding you through the legal process with compassion and skill, fighting to protect your rights and obtain justice.

What is Wrongful Death?

Wrongful death is a legal term used to describe when a person dies due to the negligence, recklessness, or intentional act of another individual, company, or entity. Unlike a typical criminal case that focuses on punishment, a wrongful death claim is a civil lawsuit filed by surviving family members to recover monetary damages related to the death.

Examples of common wrongful death cases include:

  • Motor vehicle accidents caused by distracted or drunk drivers
  • Medical malpractice resulting in fatal errors
  • Defective products that cause fatal injuries
  • Workplace accidents due to unsafe conditions
  • Fatal injuries from assaults or other intentional acts

When someone’s negligent or intentional actions cause a death, Georgia law allows the deceased person’s survivors to seek compensation for their losses.

Who Can File a Wrongful Death Claim in Georgia?

Under Georgia law (O.C.G.A. § 51-4-2), the person who can file a wrongful death claim is usually the personal representative of the deceased’s estate. This representative is appointed by the probate court and has authority to bring legal claims on behalf of family members.

Surviving family members eligible to benefit from a wrongful death claim include:

  • Spouse
  • Children (natural or adopted)
  • Parents
  • Other dependents financially supported by the deceased

If you are unsure who can file in your case, The Jewkes Firm can assist with navigating Georgia’s probate and wrongful death procedures.

What Damages Can Be Recovered in a Georgia Wrongful Death Lawsuit?

Georgia allows survivors to recover both economic and non-economic damages depending on the circumstances of the case. Common damages available include:

Economic Damages

  • Lost income and benefits the deceased would have earned during their lifetime
  • Funeral and burial expenses
  • Medical costs incurred from the injury that caused death prior to passing
  • Loss of inheritance the survivors would have received

Non-Economic Damages

  • Loss of companionship, care and comfort from the deceased
  • Mental anguish and emotional suffering endured by survivors
  • Loss of consortium (loss of love, comfort, and society)

Georgian law also limits certain damages in wrongful death claims, so it’s essential to work with experienced wrongful death attorneys who can maximize compensation.

How Long Do You Have to File a Wrongful Death Claim in Georgia?

Wrongful death claims in Georgia have a statute of limitations of two years from the date of the person’s death. This means you must file your lawsuit within two years to preserve your right to seek compensation.

Because evidence can be lost and witnesses become unavailable over time, it is best to contact a wrongful death attorney as soon as possible after a loved one’s passing.

The Wrongful Death Claim Process

  1. Free Consultation. Contact The Jewkes Firm for a free case evaluation to discuss your situation and legal options.
  2. Investigation. Our attorneys gather evidence including police reports, medical records, witness statements, and expert opinions.
  3. Filing a Lawsuit. We file the wrongful death claim with the probate court and serve the defendants.
  4. Discovery. Both sides exchange evidence and information through depositions and interrogatories.
  5. Settlement Negotiations. We negotiate with insurance companies or defendants to seek a fair settlement.
  6. Trial. If settlement fails, we aggressively prepare for trial to present your case before a judge or jury.
  7. Recovery. Compensation obtained through settlement or verdict helps provide financial security and justice.

 

Jordan M Jewkes Call Box

GEORGIA PERSONAL INJURY LAWYER NEAR ME

Why Choose The Jewkes Firm for Your Wrongful Death Case?

The loss of a loved one is overwhelming enough without facing insurance companies or negligent parties alone. At The Jewkes Firm, we offer:

Compassionate Support

We recognize that wrongful death cases involve deep grief. Our team provides empathetic, attentive support throughout the entire legal process.

Legal Experience

Our attorneys have extensive experience handling wrongful death claims throughout Georgia. We understand state laws, court procedures, and insurance tactics.

Aggressive Representation

We fight aggressively to hold responsible parties accountable. Our attorneys thoroughly investigate cases, consult experts, and negotiate powerful settlements or take cases to trial if needed.

No Fees Unless We Win

We work on a contingency fee basis for wrongful death claims, meaning you pay nothing upfront and only pay legal fees if we recover compensation for you.

Contact The Jewkes Firm Today – We’re Here for You

The confusion, grief, and financial stress caused by a wrongful death can feel overwhelming. You don’t have to face it alone. The caring and dedicated wrongful death lawyers at The Jewkes Firm are ready to provide the knowledgeable, aggressive representation you need to navigate this difficult time.

Call us today at (770) 771-5130 for a free, no-obligation consultation or fill out our online contact form to schedule your confidential appointment.

Let The Jewkes Firm help you seek justice and peace of mind after a tragic loss. We fight harder so your family can heal.

Frequently Asked Questions About Wrongful Death in Georgia

Can I sue if my loved one’s death was caused by a drunk driver?
Yes. Drunk driving fatalities are a common basis for wrongful death claims. The Jewkes Firm aggressively pursues claims against negligent drivers and their insurers.

What if the deceased did not have a will?
The probate court will appoint a personal representative to handle wrongful death claims. We can guide you through this process.

Will a wrongful death claim punish the person who caused the death?
Wrongful death lawsuits seek financial compensation, not criminal punishment. However, criminal charges may also be filed separately.

How much is a wrongful death case worth?
Damages vary widely based on loss of income, medical expenses, and family circumstances. We evaluate your specific case to pursue maximum recovery.

GET A FREE CASE REVIEW

This field is for validation purposes and should be left unchanged.
Your Name *(Required)

CASE RESULTS

TESTIMONIALS

Frequently Asked Questions?

Do I need a personal injury attorney?

The Jewkes Firm is well-versed in effectively challenging major insurance companies on your behalf to secure the highest settlement permissible by law. Our primary objective is to ensure your optimal recovery. It is only after this point that we assess the worth of your case.

What is the deadline for filing an injury case in Georgia?

The timeframe for filing an injury case, also known as the statute of limitations, can vary significantly. As per OCGA §9-3-33, you are granted a two-year period from the date of your injuries or the passing of a family member to initiate your personal injury claim.

What is the cost to hire a personal injury attorney?

There is no upfront cost associated with hiring a personal injury lawyer. Our fees are based on a percentage of your settlement, meaning you only pay if we successfully recover compensation. Our top priority is ensuring your well-being and helping you return to your normal life.

What damages can you recover from a personal injury?

A personal injury lawyer aims to establish negligence and seek restitution for the harm caused by the liable party. Additionally, you may be entitled to compensation for funeral costs, medical expenses, and income lost if you are a family member of someone who died as a result of an injury. 

Free Case Evaluation

This field is for validation purposes and should be left unchanged.
Your Name *(Required)

As South Atlanta's most trusted personal injury firm, we understand that being injured can be a traumatic and life-changing event. We fight for our clients to ensure they receive the justice they deserve.

Follow us

Corporate Office

The Jewkes Firm, LLC
1155 Senoia Road
Suite 102
Tyrone, GA 30290

(770) 771-5130
(478) 202-7603
fax Get Directions

Local Offices

435 South Hill Street
Griffin, GA 30224

(678) 688-8296 Get Directions

133 Main Street
LaGrange, GA 30240

(706) 670-2930 Get Directions

Business Hours

Monday
8AM - 5PM
Tuesday
8AM - 5PM
Wednesday
8AM - 5PM
Thursday
8AM - 5PM
Friday
8AM - 5PM
Saturday
Closed
Sunday
Closed
©2026 The Jewkes Firm, LLC  |  Privacy Policy  |  Disclaimer  |  Sitemap

Advertising does not indicate a guarantee of results.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.