Atlanta Wrongful Death Lawyers
Georgia measures a wrongful death claim differently than most states. The law does not limit recovery to lost income or funeral costs. Instead, the family recovers the full value of the life of the person who died.
In Georgia courtrooms, the full value of a life includes everything the deceased person brought to their family, their community, and their own future.
A wrongful death lawyer in Atlanta at Hasner Law represents surviving spouses, children, and parents who have lost a family member due to someone else’s negligence.
Our attorneys bring more than 100 years of combined experience handling personal injury and workers’ compensation cases across Georgia, and Hasner Law has recovered more than $1 billion for injured clients. No Fee Unless We Win. Call (678) 888-4878.
How Does Hasner Law Handle Atlanta Wrongful Death Cases?
We approach wrongful death cases with the understanding that the family sitting across the table from us is grieving while simultaneously facing legal deadlines and financial pressure.
Managing Partner Stephen Hasner, who co-founded the Georgia Injured Workers’ Advocates (GIWA), has represented wrongful death claimants across Georgia since founding Hasner Law in 2008.
Building the Case While Protecting the Family
Senior Attorney Judy Blackwell, who practiced personal injury law in Georgia for over 40 years, understands how wrongful death damages are structured under Georgia’s full-value-of-life standard.
Senior Attorney Pearce Taylor, who previously defended insurers, recognizes the tactics defense teams use to minimize what they pay surviving families.
Our wrongful death attorneys handle the legal process in parallel with the family’s grief. That means we pursue evidence, communicate with insurers, meet filing deadlines, and prepare the case for trial or settlement while the family focuses on what matters most to them.
Contingency Fee Representation
Wrongful death cases at Hasner Law operate on a contingency fee basis. No Fee Unless We Win. You pay nothing upfront and owe no attorney fees unless we recover compensation for your family. Call (678) 888-4878.
Who Has the Right to File a Wrongful Death Lawsuit in Georgia?
Georgia law under O.C.G.A. § 51-4-2 assigns the right to file a wrongful death claim through a strict priority system.
Only the person in the highest available tier may bring the lawsuit, and family members in lower tiers have no independent standing to file while someone in a higher tier is alive.
Georgia’s wrongful death filing priority follows this order:
| Priority Tier | Who May File | Key Rules |
| First | Surviving spouse | The spouse holds exclusive filing rights and must represent minor children’s interests in the claim. The spouse receives no less than one-third of any recovery, regardless of the number of children. |
| Second | Children of the deceased (minor or adult) | Children may file only if there is no surviving spouse. Recovery is divided equally among children. Descendants of a deceased child may share per stirpes under a 2022 amendment to the statute. |
| Third | Parents of the deceased | Parents may file only if the deceased left no surviving spouse and no children. |
| Fourth | Administrator or executor of the estate | The estate representative may file only if no spouse, children, or parents survive. Damages are held for the benefit of the next of kin. |
Georgia does not allow multiple family members to file separate wrongful death lawsuits over the same death. The priority system controls who brings the case, and the recovery rules control how the compensation is distributed.
Wrongful death claims and estate claims (also called survival actions) are two separate legal actions under Georgia law. The wrongful death claim recovers the full value of the deceased person’s life.
The estate claim, filed by the personal representative under O.C.G.A. § 51-4-5, recovers expenses the estate incurred, including medical bills and funeral costs. Families frequently pursue both claims at the same time.
What Causes Wrongful Death Claims in Atlanta?
Wrongful death claims in Atlanta arise from negligence, recklessness, intentional acts, or defective products that cause a person’s death.
Georgia’s wrongful death statute under O.C.G.A. § 51-4-1 covers deaths caused by crime, negligence, or product defects.
The U.S. Bureau of Labor Statistics (BLS) reported 170 fatal work injuries in Georgia in 2024, with transportation incidents accounting for the largest share.
Beyond workplace fatalities, wrongful death claims in the Atlanta area frequently stem from these situations:
- Motor vehicle crashes on I-85, I-75, I-285, and I-20 involving distracted, impaired, or reckless drivers
- Truck collisions where driver fatigue, equipment failure, or carrier negligence caused a fatal crash
- Negligent safety practices, dangerous property conditions, or other preventable incidents that result in a person’s death
- Workplace accidents at construction sites, warehouses, and industrial facilities across metro Atlanta
- Defective products, including vehicles, industrial equipment, and consumer goods with design or manufacturing flaws
Each cause of death activates a different set of legal standards, potentially liable parties, and evidence requirements. Your wrongful death attorney in Atlanta reviews the specific facts to determine which claims apply and who bears liability.
What Does “Full Value of the Life” Mean in a Georgia Wrongful Death Claim?
Georgia law measures wrongful death damages by the full value of the life of the person who died, not just the financial losses the family incurred.
That standard under O.C.G.A. § 51-4-2 includes both economic and non-economic losses, and it evaluates the life from the deceased person’s perspective rather than the family’s alone.
Economic Components
The economic portion of a Georgia wrongful death claim accounts for the tangible financial contributions the deceased person would have made over their remaining lifetime.
These include lost wages and employment benefits, the value of household services the person provided, and any other measurable economic contributions to the family.
Non-Economic Components
The non-economic portion covers the intangible value of the person’s life. Georgia courts recognize the loss of companionship, guidance, care, and the overall quality of life the person experienced and shared with their family.
These non-economic damages often represent the largest portion of a wrongful death recovery.
The full-value-of-life standard sets Georgia apart from states that limit wrongful death recovery to provable financial losses. It recognizes that the value of a human life extends beyond a paycheck.
What Is the Filing Deadline for a Wrongful Death Lawsuit in Georgia?
Georgia law under O.C.G.A. § 9-3-33 gives surviving family members two years from the date of death to file a wrongful death lawsuit. Missing that deadline generally eliminates the right to pursue the claim in court.
Exceptions That May Extend or Pause the Deadline
Georgia law recognizes limited circumstances that may toll, meaning pause, the two-year filing period:
- If the death resulted from a criminal act, the statute of limitations may be tolled while criminal proceedings are pending, but for no longer than six years under O.C.G.A. § 9-3-99
- If the estate has not yet been probated, delays in appointing an administrator may affect the timeline for the estate’s separate survival action
Each of these exceptions involves fact-specific analysis. Consulting with a wrongful death attorney in Atlanta as soon as possible after the death protects the family’s filing rights and preserves time-sensitive evidence.
How Does Comparative Negligence Affect a Georgia Wrongful Death Case?
Georgia’s modified comparative negligence rule under O.C.G.A. § 51-12-33 applies to wrongful death claims.
If the defense argues the deceased person shared fault for the incident that caused their death, the family’s total recovery is reduced by that fault percentage.
If the deceased person’s share of fault reaches 50% or more, Georgia law bars recovery entirely.
Common Defense Strategies in Atlanta Wrongful Death Cases
Defense attorneys and insurance carriers in wrongful death cases frequently raise arguments designed to reduce the value of the claim or shift responsibility onto the deceased:
- Arguing the deceased person contributed to the accident through their own negligence, such as speeding or failing to wear a seatbelt
- Disputing the cause of death by pointing to pre-existing medical conditions that may have contributed independently
- Challenging the economic projections by hiring their own economists to present lower lifetime earnings calculations
- Contesting the non-economic value of the life by minimizing the deceased person’s role in the family
Strong evidence and thorough preparation counter each of these strategies. Medical records, employment documentation, financial projections, and testimony from people who knew the deceased all contribute to establishing the full value of the life.
Ask Hasner Law
My spouse died in a car accident in Atlanta. How soon do I need to contact a lawyer?
Georgia gives you two years from the date of death to file a wrongful death lawsuit.
However, contacting a wrongful death lawyer in Atlanta soon after the death protects your claim because evidence like dashcam footage, surveillance video, and cell phone records may be overwritten or destroyed within weeks.
Early legal involvement also prevents the at-fault party’s insurer from building a defense without any opposing effort.
My parent died after a preventable accident in Atlanta. Is that a wrongful death case?
It may be. If another person, company, property owner, or other responsible party caused your parent’s death through negligence, Georgia law may allow a wrongful death claim. Speaking with an attorney early helps protect the filing deadline and preserve evidence.
My family member died at work. Do we file workers’ comp or a wrongful death lawsuit?
You may pursue both. Georgia workers’ compensation provides death benefits to eligible dependents under O.C.G.A. Title 34, Chapter 9.
If a third party, such as a negligent contractor, equipment manufacturer, or property owner, caused the workplace death, a separate wrongful death lawsuit against that party may also apply. Hasner Law handles both claim types.
FAQs for Wrongful Death Lawyers in Atlanta
How long do I have to file a wrongful death lawsuit in Georgia?
Georgia law gives you two years from the date of death under O.C.G.A. § 9-3-33.
If the death resulted from a criminal act, the deadline may be tolled while criminal proceedings are pending, up to six years. Missing the filing window generally bars the claim permanently.
What is the difference between a wrongful death claim and a survival action in Georgia?
A wrongful death claim recovers the full value of the deceased person’s life and is filed by surviving family members.
A survival action recovers the expenses and losses the deceased person experienced before death, such as medical bills and pain, and is filed by the estate’s personal representative.
These are separate legal claims, and families frequently pursue both.
Do siblings have the right to file a wrongful death lawsuit in Georgia?
Generally no. Georgia’s priority system under O.C.G.A. § 51-4-2 grants filing rights to the surviving spouse first, then children, then parents.
Siblings have no independent standing to file. If no spouse, children, or parents survive, the estate administrator may file and hold any recovery for the benefit of the next of kin.
What if the person who caused the death also faces criminal charges?
The criminal case and the wrongful death lawsuit are separate proceedings. A criminal conviction may strengthen your civil claim, but you do not have to wait for the criminal case to conclude before filing.
Georgia law tolls the wrongful death filing deadline during criminal proceedings, up to six years, which gives families additional time when criminal charges are involved.
Speak with a Wrongful Death Lawyer in Atlanta Before Georgia’s Filing Deadline Passes
The two-year window Georgia gives your family to file a wrongful death claim feels distant right now. But evidence preservation, witness interviews, and the financial projections that establish the full value of your loved one’s life all take time. Insurance carriers for the at-fault party have already started their work.
Hasner Law represents surviving families from our offices on Paces Ferry Road in Atlanta, on York Street in Savannah, and on Wade Green Road in Kennesaw.
Our wrongful death attorneys handle claims across Fulton, DeKalb, Cobb, Gwinnett, and Chatham counties, and we prepare every case with the weight it demands. Call (678) 888-4878 to discuss your family’s wrongful death claim.
No Fee Unless We Win. You owe nothing unless we recover compensation.
Results depend on the facts of each case. This content is general information and does not constitute legal advice.
Related Resources
- Do You Qualify To Sue for Wrongful Death in Atlanta?
- Dealing with Grief: A Step-By-Step Guide for Emotional Healing After the Unexpected Death of a Loved One
Hasner Law Injury & Workers’ Compensation Attorneys – Atlanta Office
2839 Paces Ferry Road SE, Suite 1050
Atlanta, GA 30339
P: (678) 888-4878
Wrongful Death Lawyers Serving Through Atlanta
Midtown | Downtown | Buckhead | Old Fourth Ward | Virginia-Highland | Inman Park | West End | East Atlanta Village | Little Five Points | Grant Park | Atlantic Station | Cabbagetown | Edgewood | Ormewood Park | West Midtown (Home Park) | Paces / West Paces Ferry – Northside | Vinings | Buckhead Forest | Peachtree Heights | Peachtree Hills | Peachtree Park | Garden Hills | Chastain Park | Argonne Forest | Arden-Habersham | Brandon | Cross Creek | Kingswood | North Buckhead | Randall Mill | Ridgedale | Tuxedo Park
Client Testimonial
https://maps.app.goo.gl/1q81yVCUHq6MBpqVA
Read more of our Google Reviews here.
Urgent Care Hospitals & Clinics in Atlanta for Unexpected Deaths
- Grady Memorial Hospital
- Emory University Hospital
- Piedmont Atlanta Hospital
- Wellstar Atlanta Medical Center South
- Northside Hospital Urgent Care – Buckhead
- Emory Healthcare Urgent Care – Atlanta (Druid Hills)
