Losing a loved one is difficult enough without the added pressure of making legal and financial decisions while grieving. As you try to care for your family and process what happened, you may also be searching for answers about how someone else’s negligence led to your loss.
At McArthur Law Firm, our Georgia wrongful death lawyers help families find answers, understand their legal rights, and pursue compensation when negligence causes a loved one’s death.
Georgia law gives the right to file a wrongful death claim first to the surviving spouse, then to the children, then to the parents, and finally to the estate’s representative.
Our firm has represented injured people and grieving families for 44 years, has recovered more than $450 million for clients, and offers free consultations 24/7 from offices in Atlanta, Macon, and Kathleen. Call 478-238-6600, 404-565-1621, or 478-551-9901 to talk with our team.
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How Does McArthur Law Firm Support Families After a Wrongful Death?
McArthur Law Firm helps grieving families pursue wrongful death claims by investigating the death, identifying responsible parties, and handling the legal process on their behalf.
For founder Katherine (Kathy) L. McArthur, decades of experience representing people harmed by negligence have shaped the firm’s approach to serious injury and wrongful death litigation.
We understand that these cases are about more than financial losses. They are about establishing what happened, holding responsible parties accountable, and showing the full value of a life cut short.
Our attorneys work with families to document their loved one’s work history, relationships, and contributions while gathering the evidence needed to support the claim.
We also explain who has the right to file under Georgia law, whether probate is necessary, and how a separate estate claim may affect the case.
We handle filing deadlines, insurance negotiations, and trial preparation so families can focus on supporting one another. With offices in Atlanta, Macon, and Kathleen, we represent families throughout Georgia and offer home visits when needed.
Who Can File a Wrongful Death Claim in Georgia?
In Georgia, the surviving spouse holds the right to bring a wrongful death claim, and if there is no spouse, the deceased person’s children hold it.
When there is no spouse or child, the right passes to the parents, and if no qualifying family member survives, the administrator or executor of the estate files on behalf of the next of kin.
This order comes from Georgia’s wrongful death statute, O.C.G.A. § 51-4-2 and the sections that follow it.
The person handling funeral arrangements does not necessarily have the right to file a wrongful death claim. Georgia law determines who can bring the case, and filing under the wrong person’s name can cause unnecessary delays.
The table below shows who holds the claim in common family situations and how a recovery is shared.
| Family Situation | Who Files the Claim | How a Recovery Is Shared |
|---|---|---|
| Spouse and children survive | The surviving spouse, who also represents the children’s interests | Equally among the spouse and children, with the spouse receiving no less than one-third |
| Spouse survives, no children | The surviving spouse | The spouse |
| No spouse, children survive | The children | Equally among the children |
| No spouse or children, parents survive | The parents | The parents |
| No spouse, children, or parents | The administrator or executor of the estate | Held for the next of kin and distributed under Georgia inheritance law |
An estranged spouse, a blended family, or a child born outside a marriage can complicate who has the right to sue. We sort out those questions early so the case is filed by the right person and no family member’s share is left unprotected.
What Can a Georgia Wrongful Death Lawsuit Recover?
A Georgia wrongful death lawsuit can recover the full value of the life of the person who died, measured from that person’s own perspective rather than by what each relative lost. A separate estate claim can recover the expenses and suffering the person experienced before death.
Georgia measures wrongful death damages as the full value of the decedent’s life, without subtracting what that person would have spent on personal living expenses. That value has both economic and intangible parts:
- Lost earnings, benefits, and household services the person would have provided over a lifetime
- The intangible value of the life itself, including relationships with children and grandchildren and the years the person expected to enjoy
- Caregiving, advice, and guidance that carry real value even without a paycheck attached
The estate claim is a separate action brought by the estate’s administrator or executor. It can include:
- Medical bills from the final injury or illness
- Funeral and burial expenses
- The conscious pain and suffering the person experienced before death
- Punitive damages in limited cases where clear and convincing evidence shows willful misconduct, wantonness, or conscious indifference to consequences
No amount of compensation can replace someone you love. Our attorneys help families tell their loved one’s story, showing the life they lived, the relationships they valued, and the future they lost.
We use that evidence to pursue compensation that reflects the full value of their life under Georgia law.
How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?
Georgia generally gives families two years from the date of death to file a wrongful death lawsuit under O.C.G.A. § 9-3-33. Shorter notice deadlines apply when a city, county, or state agency may be responsible, and narrow tolling rules can extend the window in specific situations.
When a Government Entity Is Involved
Claims against government bodies require written ante litem notice, a formal notice of the claim, before a lawsuit can proceed. Notice to a Georgia city is due within six months, while counties and state agencies generally require notice within 12 months.
A crash involving a city vehicle, a dangerous road condition, or a death at a public facility can trigger these shorter windows.
When the Clock May Pause
Georgia law may pause the limitations period while a criminal case arising from the same conduct is pending, for up to six years, and some estate claims are tolled for a limited time when no one has been appointed to represent the estate.
These rules are narrow and depend on the facts, so we treat the two-year date as the deadline that matters until we confirm otherwise.
Families should not wait for a criminal case to finish before speaking with a lawyer. Vehicle data, surveillance video, and company records can disappear long before a prosecution ends.
Proving Who Is Responsible for a Loved One’s Death
A wrongful death claim requires proof that another person’s or company’s negligence or intentional act caused the death.
When your loved one can no longer tell their side of the story, our attorneys investigate what happened and gather the evidence needed to establish who was responsible.
The Evidence We Gather
Depending on how the death occurred, our investigation may include:
- Crash reports, scene photographs, and reconstruction of how vehicles moved
- Data from vehicle event data recorders and commercial truck electronic logging devices
- Surveillance and dashcam video from nearby businesses and other drivers
- Medical, autopsy, and coroner records
- Witness statements and 911 recordings
- Company policies, maintenance logs, and training files
We send preservation letters quickly, because many video systems record over footage within days and companies do not always keep records that could hurt them.
How Shared Fault Affects the Claim
Georgia follows modified comparative negligence under O.C.G.A. § 51-12-33. If the person who died is found partly responsible, the family’s recovery is reduced by that percentage, and if that share reaches 50% or more, recovery is barred.
For example, if a jury values a claim at $2 million and assigns the decedent 20% of the fault, the award falls to $1.6 million.
Insurers may argue that the person who died contributed to the accident through speeding, distracted driving, or another negligent action. Our attorneys investigate those allegations and use the evidence to challenge unsupported claims of shared fault.
Where Do Georgia Wrongful Death Cases Get Filed?
McArthur Law Firm handles wrongful death cases throughout Georgia, with attorneys based in Atlanta, Macon, and Kathleen near Warner Robins. Where a case is filed depends on where the defendants live or do business and, in many cases, where the incident happened.
Our Offices Across the State
Families in metro Atlanta can meet with our Atlanta wrongful death team at our office on Ivan Allen Jr. Boulevard. Middle Georgia families often start with our Macon wrongful death attorneys at Lakeside Commons, and Houston County families can work with our Warner Robins wrongful death team from the Kathleen office on Highway 247.
Probate Court and the Estate
When an estate claim is part of the case, a probate court appoints the administrator or confirms the executor named in a will.
Georgia’s probate courts handle those appointments in the county where the person lived, and we coordinate that step with the wrongful death filing so neither claim stalls.
The court will usually need certified copies of the death certificate, which families can request through the Georgia Department of Public Health or the county where the death occurred.
We help gather these documents so the paperwork does not fall on a family that is already carrying too much.
What Are the Common Causes of Wrongful Death in Georgia?
Wrongful death claims can arise when someone’s negligence or wrongful actions cause another person’s death. Common causes include car and truck accidents, medical malpractice, dangerous property conditions, defective products, and workplace accidents involving negligent third parties.
The circumstances surrounding the death can affect how a claim must be handled. Medical malpractice cases generally require an expert affidavit when filing a lawsuit, while claims involving government vehicles may have shorter notice deadlines.
When a workplace accident causes a death, surviving family members may be eligible for workers’ compensation benefits and may also have grounds for a wrongful death claim against a negligent third party.
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FAQs for a Georgia Wrongful Death Lawyer
Can we file a wrongful death claim if the person responsible was never charged with a crime?
A Georgia wrongful death claim can move forward whether or not anyone is charged, because it is a civil case with a lower standard of proof than a criminal prosecution.
The family must show it is more likely than not that negligence or wrongdoing caused the death, while a criminal conviction requires proof beyond a reasonable doubt.
Do wrongful death settlements in Georgia go through the estate?
Money recovered in a Georgia wrongful death claim brought by a spouse, child, or parent belongs to those family members and does not pass through the estate, so the deceased person’s debts generally cannot be paid from it.
Money recovered in the separate estate claim, such as reimbursement for medical and funeral costs, is handled as part of the estate.
Can a family sue for the wrongful death of a retired parent?
Georgia families can bring a wrongful death claim for a retired or elderly parent, and the claim is not limited to lost wages.
The full value of the life includes the intangible value of the years the person expected to live, so a death can carry significant value even when the person was no longer working.
What happens if the at-fault driver only had minimum insurance?
When the at-fault driver in a Georgia crash carried only the state minimum of $25,000 per person in bodily injury coverage, families often look to other sources, such as the deceased person’s own uninsured motorist coverage, an employer’s policy if the driver was working, or a business that shares responsibility.
The Georgia Office of Insurance and Safety Fire Commissioner explains these coverages on its auto insurance page.
Can surviving family members get Social Security benefits after a wrongful death?
Some surviving spouses, children, and dependent parents may qualify for Social Security survivors benefits based on the deceased person’s work record, separate from any Georgia wrongful death claim. The Social Security Administration decides eligibility, and receiving those benefits does not prevent a family from pursuing a civil claim.
Talk With a Georgia Wrongful Death Lawyer About Your Family’s Next Step
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You may still be trying to understand how your loved one died, let alone whether you have grounds for a legal claim. McArthur Law Firm can help you find answers, understand your family’s rights, and determine whether pursuing a wrongful death lawsuit is the right next step.
Results depend on the facts of each case, and past outcomes do not predict future results.
Call 478-238-6600 in Macon, 404-565-1621 in Atlanta, or 478-551-9901 in Kathleen for a free consultation, any time of day or night.
Call Us Now for a Free Consultation!
McArthur Law Firm – Macon Office
6055 Lakeside Commons Drive, Suite 400
Macon, GA 31210
Phone: 478-238-6600
