Key Takeaways
A Georgia wrongful death lawsuit generally must be filed within two years, the same deadline that governs personal injury claims under O.C.G.A. § 9-3-33. If a Georgia city was involved, written ante litem notice is due within six months (O.C.G.A. § 36-33-5); for a county or the State, twelve months. Georgia measures the recovery by the "full value of the life of the decedent," a term defined in O.C.G.A. § 51-4-1. The family can recover only if the person who died was less than 50% at fault, and the award is reduced by that share (O.C.G.A. § 51-12-33). The civil claim runs separately from any criminal case. Roden Law represents Georgia families on a contingency fee: no fees unless we win.
Losing a family member because of someone else’s negligence is devastating, and a lawsuit cannot undo it. What a wrongful death claim can do is hold the responsible party accountable and give the family financial stability for the years ahead. Roden Law’s Georgia wrongful death lawyers handle the investigation, the insurers and the court process with care, from our offices in Savannah and Darien, so your family has room to grieve. We work on a contingency fee, so you pay nothing unless we win.
What is a wrongful death claim in Georgia?
A Georgia wrongful death claim is a civil lawsuit for compensation when a person dies because of another party’s negligence or wrongful conduct, such as an impaired or distracted driver, a trucking company or a careless property owner. The key terms, including “homicide” and the “full value of the life of the decedent,” are defined in O.C.G.A. § 51-4-1. The claim is brought for the family, and it stands apart from any criminal charge against the person responsible.
What compensation is available in a Georgia wrongful death case?
Georgia measures a wrongful death recovery by the “full value of the life of the decedent,” a term defined in O.C.G.A. § 51-4-1. Proving that value depends on evidence about the person’s life, from employment and earnings records to the accounts of family, friends and co-workers. Our guide to Georgia wrongful death settlement value explains what drives that value. We build that record carefully, because it is the foundation of the claim, and we explain every step to the family before any settlement discussion begins.
How long do families have to file a wrongful death claim in Georgia?
Families generally have two years to file a wrongful death lawsuit in Georgia, under O.C.G.A. § 9-3-33. If a government vehicle or a dangerous public road played a part, written ante litem notice comes due much sooner: six months for a claim against a Georgia city (O.C.G.A. § 36-33-5), and twelve months for a county (O.C.G.A. § 36-11-1) or the State (O.C.G.A. § 50-21-26). Special circumstances can change how a deadline is counted, so confirm yours with a lawyer early. Our guide to the Georgia statute of limitations covers the details.
What if the person who died was partly at fault?
The family can still recover if the person who died was less than 50% at fault; the award is reduced by that share, and at 50% or more recovery is barred (O.C.G.A. § 51-12-33). Insurers know this and often suggest the person who died caused the crash. We answer that with the physical evidence, the crash report, vehicle data and witness accounts, gathered before they disappear.
What kinds of accidents lead to Georgia wrongful death claims?
Most Georgia wrongful death claims we handle arise from vehicle crashes, and each type brings its own evidence and insurers:
- Car accidents, including impaired, distracted and speeding drivers.
- Truck accidents involving tractor-trailers and other commercial vehicles.
- Motorcycle accidents, where riders have little protection in a collision.
- Pedestrian and bicycle crashes, and hit-and-run collisions.
- Fatal injuries on unsafe property or caused by defective products.
Does a criminal case affect a Georgia wrongful death claim?
A criminal case and a wrongful death claim run on separate tracks, and the family’s civil claim can go forward regardless of the criminal outcome. In a hit-and-run, for example, leaving the scene of a crash involving serious injury or death is a felony punishable by one to five years (O.C.G.A. § 40-6-270), but that prosecution does not compensate the family. Evidence from the criminal investigation, such as the crash report, can still help prove the civil claim.
Talk to a Georgia wrongful death lawyer for free
Roden Law represents grieving families throughout Georgia from our Savannah office and our Darien office. A wrongful death attorney will meet with your family at no cost, explain the deadline that applies, and begin preserving the evidence. There are no fees unless we win. Learn more about our wrongful death practice.
Georgia Law That Affects Your Case
Filing Deadline (Statute of Limitations)
2 years
Georgia generally gives families 2 years to file a wrongful death lawsuit.
O.C.G.A. § 9-3-33
Modified Comparative Negligence
Modified — no recovery if the person who died was 50% or more at fault
O.C.G.A. § 51-12-33
Learn more: Georgia statute of limitations
Roden Law Offices Serving Georgia
Frequently Asked Questions
Free Case Review — No Fee Unless We Win
If you were injured in a Georgia wrongful death, a Roden Law attorney will review your case at no cost and explain your options. We work on a contingency fee basis — you pay nothing unless we recover for you.