Savannah Wrongful Death Attorneys
A wrongful death attorney in Savannah pursues compensation for families who lost a loved one because of another party’s negligence, recklessness, or intentional conduct. Hasner Law represents surviving spouses, children, and parents in wrongful death actions filed in Chatham County and throughout the greater Savannah area.
Georgia measures wrongful death damages by the full value of the deceased person’s life, not by what the surviving family lost financially. That standard, set by O.C.G.A. § 51-4-1, covers both lifetime earning capacity and the intangible worth of every relationship, experience, and milestone the person will never have.
Hasner Law takes wrongful death cases on a contingency-fee basis. You pay nothing unless the firm recovers compensation for your family. Call (912) 234-2334 for a free consultation.
Why Do Savannah Families Choose Hasner Law for Wrongful Death Claims?
Hasner Law Injury & Workers’ Compensation Attorneys brings more than 100 years of combined legal experience to families across Savannah, Atlanta, Kennesaw, and communities throughout Georgia.
The firm’s founding attorney, Stephen Hasner, co-founded the Georgia Injured Workers’ Advocates (GIWA) and has spent his career standing up for people harmed by negligence.
The legal team includes a former Administrative Law Judge and attorneys who regularly handle wrongful death and personal injury litigation in Chatham County Superior Court.
How the Legal Team Approaches a Savannah Wrongful Death Case
Every wrongful death claim begins with two questions: who caused the death, and what was the full value of the life that was lost? The legal team at Hasner Law builds the answer to both. The firm’s approach typically involves:
- Conducting an independent investigation into the cause of death, including police reports, autopsy results, workplace safety records, and any available video footage
- Calculating the economic component of the full value of life using tax returns, employment records, benefits documentation, and projections of lifetime earning capacity
- Documenting the intangible component through interviews with family members, friends, coworkers, and community members who knew the deceased
- Identifying every liable party and every available insurance policy, including commercial liability, homeowner’s, and umbrella coverage
- Filing both the wrongful death claim and the separate estate claim to pursue the complete range of damages Georgia law provides
Losing someone you love is painful enough without having to fight an insurance company at the same time. Hasner Law assists clients in both English and Spanish. Call (912) 234-2334 for a free case review.
How Does Georgia Calculate Damages in a Wrongful Death Case?
Georgia uses a full value of life standard that is different from most other states. Instead of measuring what the surviving family members lost, Georgia law asks the jury to determine the total worth of the deceased person’s life from that person’s own perspective.
That figure includes both an economic component and an intangible component.
The Economic Component
The economic value represents the gross lifetime earnings the deceased would have generated over their remaining lifespan. Georgia is one of a small number of states that does not deduct personal expenses or income taxes from this figure. The jury considers:
- Gross wages and salary the deceased would have earned through retirement age
- Employer-provided benefits including retirement contributions, health insurance, and other compensation
- The economic value of household services the deceased provided, such as childcare, home repairs, and daily domestic contributions
- Investment income and returns the deceased would have earned over their remaining lifetime
Georgia law under O.C.G.A. § 51-12-13 requires that future earnings be reduced to present value using a statutory methodology. That calculation determines the lump sum a jury may award to represent the economic loss.
The Intangible Component
The intangible value covers everything about the deceased’s life that a paycheck does not capture. Georgia juries evaluate this from the deceased’s own point of view, considering their enjoyment of daily activities, the quality of their relationships, their role in raising children, their hobbies and interests, and the future milestones they will never reach.
Georgia courts, following the Court of Appeals decision in Brock v. Wedincamp, have consistently held that this perspective belongs to the person who died, not to the family left behind.
Who Has the Legal Right to File a Wrongful Death Claim in Savannah?
Georgia law restricts who may bring a wrongful death action through a strict priority system under O.C.G.A. § 51-4-2. The surviving spouse holds the primary right to file.
If there is no surviving spouse, the deceased’s children may bring the claim. If no spouse or children survive, the parents may file. If none of these family members exist, the personal representative of the estate may pursue the action under O.C.G.A. § 51-4-5.
How Georgia Distributes the Wrongful Death Recovery
Georgia law sets specific rules for how wrongful death compensation is divided among surviving family members under O.C.G.A. § 51-4-2(d). The distribution follows a statutory formula rather than the family’s own preferences:
- When a surviving spouse and children both exist, the recovery divides equally among them, but the spouse must receive no less than one-third of the total regardless of the number of children
- When only children survive with no living spouse, the recovery divides equally among the children
- When only the parents survive, the recovery goes to the parents
- Descendants of a predeceased child may share in the recovery on a per stirpes basis, meaning they inherit the share their parent would have received
Wrongful death recovery in Georgia is not subject to the debts of the deceased. Creditors of the estate may not claim any portion of the wrongful death award under O.C.G.A. § 51-4-2(e). That statutory protection means the full recovery stays with the family.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim in Georgia?
Georgia law creates two separate legal actions when someone dies due to negligence. The wrongful death claim seeks the full value of the deceased’s life and belongs to the family.
The estate claim, filed by the administrator or executor of the estate, addresses a different set of losses entirely. The estate claim may recover the following categories of damages:
- Medical bills the deceased incurred between the date of injury and the date of death
- Funeral and burial expenses
- Pain and suffering the deceased experienced before dying
- Any other losses the deceased personally sustained prior to death
These damages belong to the estate and are distributed according to the deceased’s will or Georgia’s intestacy laws. Both the wrongful death claim and the estate claim often proceed in the same lawsuit, but they compensate different losses and follow different distribution rules
. Pursuing both paths at the same time provides the most complete recovery available to the family.
What Deadlines Apply to a Wrongful Death Claim in Savannah?
The filing deadline for a wrongful death lawsuit in Georgia is two years from the date of death under O.C.G.A. § 9-3-33. Missing this deadline permanently bars the claim regardless of how strong the evidence is.
When Criminal Charges May Pause the Filing Deadline
If the person responsible for the death faces criminal charges arising from the same incident, O.C.G.A. § 9-3-99 may toll the civil statute of limitations. The tolling period runs from the date of the alleged crime until the criminal case concludes, up to a maximum of six years.
Even routine traffic citations may qualify as criminal conduct for tolling purposes under Georgia case law, though the application of this statute varies depending on the facts and the claimant’s relationship to the deceased.
Government Entity Deaths Require Shorter Notice
If a city vehicle, county employee, or poorly maintained public road contributed to the death, the family must provide written ante litem notice within six months under O.C.G.A. § 36-33-5.
Ante litem notice is a formal written statement informing the government entity that you intend to file a claim. Missing this shorter deadline bars the claim even if the two-year statute of limitations has not expired.
What Types of Incidents Lead to Wrongful Death Claims in Savannah?
Wrongful death lawsuits in Savannah arise from a wide range of incidents where another party’s negligence or misconduct caused a fatal outcome. The most common scenarios the firm handles in Chatham County and the surrounding area include:
- Fatal car, truck, and motorcycle collisions caused by distracted, impaired, or reckless drivers on I-16, I-95, and Savannah’s local roadways
- Workplace fatalities on construction sites, at the Port of Savannah, and in manufacturing facilities where safety violations contributed to the death
- Medical negligence resulting in a patient’s death through misdiagnosis, surgical errors, medication mistakes, or delayed treatment at Savannah-area hospitals and clinics
- Fatal premises liability incidents including drownings, falls from heights, and electrocutions on commercial or residential property
- Defective product deaths caused by equipment, vehicles, or consumer goods that malfunctioned due to manufacturing or design flaws
Each of these scenarios involves different evidence, different defendants, and different legal theories. Identifying the responsible party and the insurance coverage available is the first step your attorney takes after learning the facts of the case.
Ask Hasner Law
How much does it cost to hire a wrongful death attorney in Savannah?
Hasner Law takes wrongful death cases on a contingency-fee basis. The family pays no upfront costs and owes nothing unless the firm recovers compensation. The initial consultation is free, and the firm advances all case expenses throughout the litigation process.
What if the person responsible for my family member’s death was never criminally charged?
A wrongful death lawsuit is a civil action with a lower burden of proof than a criminal case. The family must show that it is more likely than not that the defendant’s conduct caused the death, which is called the preponderance of the evidence standard. Criminal charges are not required to file or win a wrongful death claim in Georgia.
What if my family member died in a car accident and the other driver was at fault?
The family of the deceased may file a wrongful death action against the at-fault driver seeking the full value of the deceased’s life under Georgia law. The claim is typically filed against the driver’s liability insurance carrier. If the driver lacks adequate coverage, the deceased’s own uninsured or underinsured motorist policy may provide additional compensation.
What if my family member died at work in Savannah?
The family may pursue both a workers’ compensation death benefits claim through the employer and a separate wrongful death lawsuit against any third party whose negligence contributed to the death. Workers’ comp death benefits and a civil wrongful death action address different types of losses, and Georgia law allows both to proceed simultaneously.
FAQs for Savannah Wrongful Death Attorneys
How long do I have to file a wrongful death lawsuit in Savannah?
Two years from the date of death under O.C.G.A. § 9-3-33. If criminal charges are pending against the person responsible, the filing deadline may be tolled under O.C.G.A. § 9-3-99. Claims against government entities require written ante litem notice within six months.
Who has the right to file a wrongful death claim in Georgia?
The surviving spouse holds the first right to file. If no spouse survives, the children may bring the action. If neither a spouse nor children exist, the parents may file.
When none of these family members survive, the personal representative of the estate may pursue the claim on behalf of the next of kin.
What is the full value of life standard in Georgia wrongful death cases?
Georgia measures wrongful death damages from the perspective of the person who died, not the surviving family.
The full value of life includes gross lifetime earning capacity without deducting personal expenses or taxes, plus the intangible value of the deceased’s relationships, daily enjoyment, and future milestones. No other category of Georgia damages uses this standard.
What is the difference between a wrongful death claim and an estate claim?
The wrongful death claim seeks the full value of the deceased’s life and belongs to the family. The estate claim, filed by the executor or administrator, recovers medical bills incurred before death, funeral costs, and any pain and suffering the deceased experienced prior to dying. Both claims often proceed together in the same lawsuit.
What if the deceased was partially at fault for the accident?
Georgia’s comparative negligence rule reduces the recovery by the deceased’s percentage of fault. If the deceased is found 50 percent or more at fault, Georgia law bars all recovery.
The insurance company representing the defendant frequently raises comparative fault arguments to reduce or eliminate the family’s claim.
Speak With Savannah Wrongful Death Attorneys at Hasner Law Today
No amount of money replaces someone you love. Georgia’s full value of life standard exists to recognize that a human life carries worth beyond a salary, and that worth belongs to the person who lived it.
The insurance company defending the claim does not share that perspective, and every day without legal representation gives them more time to build a case that minimizes what your family receives.
Hasner Law Injury & Workers’ Compensation Attorneys has spent decades standing beside families across Savannah, Atlanta, and communities throughout Georgia during the most difficult time of their lives. Call (912) 234-2334 today for a free consultation.
