Atlanta wrongful death attorneys at Humphrey & Ballard Law stand with families who have lost someone they love due to another person’s negligence. No settlement can undo that loss. But Georgia law gives surviving family members the right to hold the responsible party fully accountable — financially and legally. Humphrey & Ballard Law handles every aspect of your wrongful death claim in Atlanta so your family can focus on healing while we fight for justice. Call 404-446-9854 for a compassionate, confidential case evaluation.
Georgia Wrongful Death Law — O.C.G.A. § 51-4-1
Under Georgia law, a wrongful death claim arises when a person’s death is caused by the wrongful act, negligence, or default of another. Georgia’s wrongful death statute allows the surviving spouse, children, or parents of the deceased to pursue compensation for the full value of the life of the person who died — including both economic and non-economic components.
| Who Can File | Priority Order Under Georgia Law |
|---|---|
| Surviving spouse | First priority — files on behalf of themselves and any children |
| Surviving children | If no surviving spouse |
| Surviving parents | If no spouse or children |
| Estate administrator | Can pursue related estate claims separately |
Common Causes of Wrongful Death Claims in Atlanta
- Fatal car accidents — Car, truck, and motorcycle crashes caused by negligent drivers
- Premises liability — Unsafe conditions on another’s property that result in a fatal accident
- Medical malpractice — Negligent medical treatment that results in a patient’s death
- Workplace accidents — Fatal injuries at construction sites, industrial facilities, or other worksites
- Defective products — Dangerous products that cause fatal injuries
- Criminal acts — Wrongful death claims can proceed alongside criminal charges
Compensation in Atlanta Wrongful Death Cases
💰 Wrongful Death Claim (Family)
- Full value of the deceased’s life
- Lost income and future earning capacity
- Loss of companionship, care, and guidance
- Non-economic value — joy and quality of life
⚖ Estate Claim (Separate)
- Medical expenses prior to death
- Funeral and burial costs
- Pain and suffering before death
- Lost wages from injury to death
Statute of Limitations for Wrongful Death in Georgia
Georgia wrongful death claims must be filed within two years of the date of death under O.C.G.A. § 9-3-33. In some cases involving criminal proceedings, the clock may be tolled — but do not rely on that exception. Contact an Atlanta wrongful death attorney immediately to protect your family’s rights.
Frequently Asked Questions
| Question | Answer |
|---|---|
| Can I file a wrongful death claim if there was also a criminal case? | Yes. A wrongful death civil claim is completely separate from criminal proceedings and can proceed simultaneously. Criminal conviction is not required to win a civil wrongful death case. |
| How long does a wrongful death case take? | Wrongful death cases typically take 1 to 3 years depending on complexity, disputed liability, and the insurer’s willingness to settle fairly. We move as efficiently as possible while never sacrificing full value. |
| What if my loved one was partly at fault? | Georgia’s comparative fault rule applies to wrongful death claims. Your recovery is reduced proportionally — but you are not barred if the deceased was less than 50% at fault. |
| How much does an Atlanta wrongful death attorney cost? | Nothing upfront. Humphrey & Ballard Law is contingency-based. You pay nothing unless we win your case. |
Helpful Resources
- Georgia Wrongful Death Statute — O.C.G.A. § 51-4
- CDC — Injury Statistics and Causes of Death
- NHTSA — Fatality Analysis Reporting System
- Georgia Courts — Civil Filing Information
Your Family Deserves Justice and Full Accountability
Losing someone to another person’s negligence is devastating. Humphrey & Ballard Law handles your Atlanta wrongful death case with both compassion and determination. Call or text 404-446-9854 or visit our Contact page for a free, confidential consultation.
About Humphrey & Ballard Law
Humphrey & Ballard Law is an Atlanta-based personal injury firm serving clients throughout Georgia. Founded by Desmond Humphrey and David Ballard, the firm handles wrongful death, catastrophic injury, car accidents, truck accidents, and premises liability on a contingency fee basis.
