When a death is caused by someone else’s negligence, a crime, or a defective product, Georgia law gives the family a wrongful death claim and gives the estate a separate claim of its own. The Gumprecht Law Firm represents surviving spouses, children, parents, and estates in Georgia, with offices in Atlanta and Kennesaw. This page explains who can file, what can be recovered, the deadlines, and how we handle these cases.
If you are here because you lost someone, we are sorry. The questions below are the ones families ask first.
Who can file a wrongful death claim in Georgia?
Georgia’s wrongful death statutes set an order. The claim belongs to the first person or group on this list.
| Order | Who brings the claim | Georgia Code |
|---|---|---|
| 1 | The surviving spouse, who must share the recovery with the children. | O.C.G.A. § 51-4-2 |
| 2 | The children, minor or adult, if there is no surviving spouse. | O.C.G.A. § 51-4-2 |
| 3 | The parents, if the person who died left no spouse and no child. | O.C.G.A. §§ 51-4-4 and 19-7-1 |
| 4 | The executor or administrator of the estate, if no spouse, child, or parent is entitled to bring it. Any recovery is held for the next of kin. Other relatives cannot file in their own names. | O.C.G.A. § 51-4-5(a) |
Two points families often miss:
- When the parents of the person who died are divorced or living apart, the right belongs to both. If one parent refuses to proceed or cannot be found, the other can proceed for both (O.C.G.A. § 19-7-1(c)).
- If a surviving spouse refuses to pursue the claim or cannot be located, Georgia courts have sometimes used their equity powers to let the children bring it.
What are the two claims after a wrongful death?
Georgia treats them as separate claims.
- The family’s wrongful death claim. It belongs to the family members in the table above. The measure is “the full value of the life of the decedent, as shown by the evidence” (O.C.G.A. § 51-4-2).
- The estate’s claim. It is brought by the estate’s personal representative, meaning the executor or administrator. It covers funeral, medical, and other necessary expenses from the injury and death (O.C.G.A. § 51-4-5(b)). It also includes the claim the person could have brought for their own injuries, which survives the death (O.C.G.A. § 9-2-41). That can include pain and suffering before death when the evidence shows the person was conscious of it.
One person can fill both roles, but the claims stay separate.
What does “full value of the life” mean?
The statute defines it as the full value of the person’s life, without subtracting what the person would have spent on personal expenses (O.C.G.A. § 51-4-1). Georgia courts measure it from the point of view of the person who died. It is not a measure of the family’s grief. It has two parts:
- The economic part. What the person would likely have earned over a normal lifetime, and the value of the services the person provided.
- The intangible part. The value of living itself, such as the chance to raise a child and the enjoyment of life. It cannot be proved with exact numbers. A jury decides it.
Since 2025, a lawyer may argue a dollar figure for the intangible part only after the evidence closes, and it must be rationally related to that evidence (O.C.G.A. § 9-10-184).
How long does a family have to file?
In most cases, two years from the date of death (O.C.G.A. § 9-3-33). The Georgia Supreme Court has held that the clock starts at death, even when the family did not learn the cause until later. The estate’s claim for the person’s own injuries has its own clock, which can start at the injury.
Some rules can change the timing, but each is narrow.
- An estate with no representative. The time before an executor or administrator is appointed is not counted against the estate, for up to five years (O.C.G.A. § 9-3-92). The Court of Appeals has held that this protects only the estate’s own claims. It does not extend the family’s wrongful death claim.
- A pending criminal case. The deadline for a crime victim’s own claim is paused until the prosecution ends, for up to six years (O.C.G.A. § 9-3-99). The Court of Appeals has held that the pause does not apply to the family’s wrongful death claim, because surviving relatives are not the “victim” the statute describes (Hicks v. Universal Health Services, Inc., 364 Ga. App. 769 (2022)).
- Claims against a government. Written notice is required before any lawsuit: within six months for a city (O.C.G.A. § 36-33-5) and 12 months for a county (O.C.G.A. § 36-11-1) or the State of Georgia (O.C.G.A. § 50-21-26).
Treat two years from the date of the injury as the last day for every claim, and a government notice deadline as shorter still.
What changes when a truck, a drunk driver, or a crime caused the death?
Truck crashes. A crash with a commercial truck usually involves a company, its insurer, and records a family cannot get on its own. Federal rules require for-hire carriers hauling nonhazardous freight across state lines in trucks of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 C.F.R. § 387.9). A carrier must keep its drivers’ duty status records for only six months (49 C.F.R. § 395.8(k)), so a written demand to preserve evidence should go out early.
Drunk drivers. Punitive damages are meant to punish. They are not available in the family’s wrongful death claim. They can be sought in the estate’s claim for the person’s own pain and suffering, with clear and convincing proof of conduct such as conscious indifference to consequences (O.C.G.A. § 51-12-5.1). The usual $250,000 cap does not apply against a driver whose judgment was substantially impaired by alcohol or drugs. A person who sold or served the alcohol is liable only in narrow situations, such as knowingly serving a noticeably intoxicated person, knowing that person will soon be driving (O.C.G.A. § 51-1-40).
Crimes. Georgia’s wrongful death law covers a death caused by a crime (O.C.G.A. § 51-4-1). The civil claim can be filed while the criminal case is pending. For claims arising on or after April 21, 2025, a statute controls claims that a property owner failed to keep the property safe from crime, and it requires the jury to assign a share of fault to the person who committed the crime (O.C.G.A. §§ 51-3-50 to 51-3-57).
How is the money divided?
- Spouse and children. The recovery is divided equally among the surviving spouse and the children, but the spouse receives at least one-third. The descendants of a child take that child’s share. With no surviving spouse, the children share equally (O.C.G.A. § 51-4-2(d)).
- Parents. Parents who are divorced or living apart split a judgment equally, unless one asks the judge before trial to divide it based on each parent’s relationship with the child (O.C.G.A. § 19-7-1(c)).
- Minor children. When there is no surviving spouse and a minor child’s claim is settled, the child’s guardian must get court approval and may have to qualify as a conservator to receive the money (O.C.G.A. § 51-4-2(b)).
A wrongful death recovery by a spouse or children cannot be taken to pay the debts of the person who died or of the estate (O.C.G.A. § 51-4-2(e)). Money recovered on the estate’s claim is paid to the estate.
What should a family do in the first weeks?
- Protect the evidence. Keep the vehicle, phone, clothing, photos, and video as they are, and write down the names of witnesses.
- Be careful with insurers. Talk to a lawyer before giving a recorded statement or signing anything. A surviving spouse can release the claim without the children’s agreement and without a court order (O.C.G.A. § 51-4-2(c)).
- Start on the estate. Find the will, if there is one. The estate’s claim needs an executor or administrator, appointed through the probate court.
- Find all the insurance. On a proper written request, a liability insurer must disclose its policy limits within 60 days (O.C.G.A. § 33-3-28). The family’s own auto policies may also provide uninsured or underinsured motorist coverage.
What if the insurance company blames the person who died?
Expect it. Georgia reduces a recovery by the share of fault assigned to the injured person and bars it at 50 percent or more (O.C.G.A. § 51-12-33). Defenses that could have been raised against the person who died also bind the family. Fault is decided on evidence, and the first police report is not the last word, which is why early investigation matters after a pedestrian death or a fatal car crash.
How does The Gumprecht Law Firm handle wrongful death cases?
The Gumprecht Law Firm is a solo practice. Michael E. Gumprecht is the firm’s attorney. Clients work directly with Michael. We put more time into fewer cases.
- We make sure the right person brings each claim before a deadline runs.
- We move quickly to investigate, preserve evidence, and identify every responsible party and every insurance policy.
- Michael has a background in computer systems and uses it to find digital evidence.
- When necessary, Michael presents the case to a jury.
Michael has been selected to Super Lawyers (2026 to 2027), has been named to The National Trial Lawyers Top 100, and is a Lifetime Member of the Multi-Million Dollar Advocates Forum.
Selected results
Our firm has settled a wrongful death case for $45,000,000. The results below were serious injury cases.
- $8,500,000: Severe injury
- $6,721,762: Spine Injuries after DUI / Hit and Run
- $3,100,000: Fall from a Tipping Flatbed Tow Truck
- $3,000,000: Serious injuries in a motorcycle accident
- $2,500,000: Spine injuries in a truck accident
Prior results do not guarantee a similar outcome.
What does it cost to hire the firm?
The consultation is free. You owe no attorney fee or case expenses unless we recover compensation for you.
Comparing firms? Our guide to choosing between a national injury firm and a local Georgia lawyer lists seven questions to ask before you sign.
Common questions
Do we have to wait for the criminal case to end?
No, and waiting can cost the family its claim. A pending prosecution does not pause the two-year deadline for the wrongful death claim.
What if the person lived for a time after the injury?
The estate can claim the medical expenses and the person’s pain and suffering before death. The family’s claim is measured from the death. If the person settled an injury claim before dying, that settlement limits what the family can recover. See our page on catastrophic injuries.
How much is a wrongful death case worth?
No one can give a number without the facts. It depends on the evidence about the person’s life, the evidence of fault, and the insurance available. See how much a case is worth. For timing, see how long an injury case takes.
Talk with us
Call (678) 800-1050. We answer day and night. You can also send us a message. The consultation is free. You owe no attorney fee or case expenses unless we recover compensation for you.