Atlanta Wrongful Death Lawyer

Wetherington Law Firm is ranked #1 in Georgia by fellow attorneys, two years in a row. ALM Verdicts Hall of Fame. Inducted, Fulton County Daily Report Law Firm Hall of Fame.

No legal process can undo what happened to your family after a preventable loss. What the law can do is hold the person or company responsible accountable, and ensure your family is not left carrying the financial consequences of someone else’s negligence.

Georgia’s Wrongful Death Act gives surviving family members the right to pursue compensation for the full value of a life taken by another’s fault. That standard, the full value of the life, is one of the most expansive wrongful death measures in the country, and it requires an Atlanta wrongful death lawyer with the experience and resources to establish what that life was truly worth.

At Wetherington Law Firm, Atlanta wrongful death attorney Matt Wetherington has litigated wrongful death cases against national corporations, commercial carriers, apartment complex operators, vehicle manufacturers, and nearly every major insurance company in Georgia. He has earned one of the largest auto wreck verdicts in Georgia history, has been inducted into the ALM Verdicts Hall of Fame, and has been ranked #1 in Georgia by fellow attorneys for two consecutive years.

If your family has lost someone due to another party’s negligence, recklessness, or intentional conduct, call (404) 888-4444 or fill out our quick online form for a free consultation. We handle wrongful death cases on contingency; you pay nothing unless we recover for your family.

What is a Wrongful Death Claim Under Georgia Law?

Georgia’s Wrongful Death Act, codified at O.C.G.A. § 51-4-1 et seq., creates a cause of action when a person’s death is caused by the negligent, reckless, intentional, or criminal act of another party. It is a separate legal claim from a standard personal injury claim, and it operates under rules that are distinct from the survival action the estate may also pursue simultaneously.

The Act allows eligible family members to recover the full value of the life of the deceased, as measured by both its economic and non-economic components. Georgia courts have interpreted this standard broadly. The full value of the life is not limited to lost income or earning capacity. It encompasses the value of the deceased’s experiences, relationships, companionship, and the life they would have continued to live, a standard that demands expert testimony, life care analysis, and skilled courtroom advocacy to establish at full value.

A wrongful death claim in Georgia must prove the same four elements required in any negligence case: the defendant owed a duty of care to the deceased, the defendant breached that duty, the breach caused the death, and the death produced recoverable damages. What changes is who can bring the claim, what damages are available, and the legal framework governing how those damages are calculated and distributed.

Who Can File a Wrongful Death Lawsuit in Georgia?

Georgia law establishes a specific hierarchy of who has the right to bring a wrongful death claim under O.C.G.A. § 51-4-2.

• Surviving spouse. If the deceased was married at the time of death, the surviving spouse has the primary right to bring the wrongful death claim. Any recovery belongs to the spouse, though the spouse holds it partly on behalf of any surviving children and must distribute their share accordingly.
• Surviving children. If there is no surviving spouse, the right to bring the wrongful death claim passes to the deceased’s surviving children, divided equally among them.
• Surviving parents. If the deceased left no surviving spouse or children, the parents of the deceased may bring the claim under O.C.G.A. § 51-4-4.
• Estate administrator. If there is no surviving spouse, child, or parent, the right to bring the wrongful death claim passes to the administrator or executor of the deceased’s estate.

This hierarchy matters for two reasons. First, the person bringing the claim must be confirmed to have standing before a lawsuit is filed. Second, how the recovery is distributed, particularly when there is a surviving spouse and multiple children, is governed by Georgia statute, not personal preference, and requires legal guidance to ensure the distribution is handled correctly.

The estate may also simultaneously pursue a survival action under O.C.G.A. § 9-2-41, which covers the deceased’s own damages: conscious pain and suffering experienced before death, medical expenses incurred after the injury and before death, and funeral and burial costs. Wrongful death and survival claims are distinct, run parallel to each other, and both should be evaluated in every case.

What Damages Are Available in a Georgia Wrongful Death Case?

Georgia wrongful death law creates two parallel tracks of recovery that operate simultaneously.

The Wrongful Death Claim: Full Value of the Life

Under O.C.G.A. § 51-4-2, the wrongful death claimant recovers the full value of the life of the deceased. Georgia courts have held that this includes both the economic value (earning capacity, the financial contributions the deceased would have made to the family over their actuarial life expectancy) and the intrinsic value (the experiences, relationships, enjoyment of life, and the non-economic dimensions of a life lived to its natural end).

This is one of the broadest wrongful death standards in the country. In practice, establishing the full value of the life requires:

• Vocational and economic experts to calculate the present value of lifetime earning capacity, accounting for career trajectory, education, benefits, and retirement
• Life care planners in cases involving prolonged suffering before death
• Actuarial analysis of life expectancy, productivity years, and economic contributions to the household
• Testimony from family, colleagues, and community members to establish the non-economic dimensions of the life lost

Insurance companies and defense counsel routinely attempt to reduce the claimed value by focusing narrowly on economic contribution and minimizing or dismissing the intrinsic value component. Countering that requires an attorney who understands how Georgia courts have evaluated full value claims, and who has the credibility to present that case effectively to a jury.

The Estate’s Survival Action

The estate, represented by the administrator or executor, may pursue a survival action covering:

• Medical and emergency treatment expenses incurred from the time of the injury through the time of death
• The deceased’s conscious pain and suffering experienced between the injury and death, where applicable
• Funeral and burial expenses

These claims belong to the estate, not directly to the family members. They are distributed according to the deceased’s will or, if there is no will, under Georgia’s intestacy statutes.

Punitive Damages

Where the defendant’s conduct was willful, wanton, reckless, or showed a conscious indifference to the consequences of their actions, punitive damages may be available under O.C.G.A. § 51-12-5.1. Georgia generally caps punitive damages at $250,000, but that cap does not apply in cases involving DUI, product liability claims, or specific intent to harm.

In wrongful death cases, punitive damages are most commonly pursued when a commercial carrier knowingly violated federal safety regulations, a property owner ignored documented warnings of dangerous conditions, a manufacturer concealed known defects, or a driver was intoxicated. These cases require a willful-conduct theory built on specific factual evidence, not just the fact of death.

Why You Need an Atlanta Wrongful Death Attorney

Wrongful death cases are some of the most complex civil claims under Georgia law. They involve detailed liability investigations, strict procedural rules, competing insurance interests, and often multiple parties attempting to avoid responsibility. Families are frequently forced into legal battles against trucking companies, corporations, hospitals, commercial insurers, or defense attorneys whose entire strategy is built around limiting payouts.

An experienced Atlanta wrongful death attorney does far more than file paperwork. Your lawyer should immediately begin preserving evidence, identifying all liable parties, securing witness statements, obtaining expert analysis, and protecting the family from insurance tactics designed to weaken the case before litigation even begins.

At our firm, we handle every aspect of the wrongful death claim, including:

• Investigating the cause of death
• Preserving critical evidence
• Working with medical and financial experts
• Calculating long-term damages
• Negotiating with insurance companies
• Filing lawsuits when necessary
• Taking cases to trial when fair settlement offers are refused

Timing matters in wrongful death litigation. Evidence can disappear quickly after a fatal accident, especially in trucking crashes, workplace incidents, medical negligence cases, and premises liability claims. Surveillance footage may be erased, black box data lost, maintenance records altered, and witnesses become harder to locate over time.

Most importantly, hiring the right attorney allows families to focus on grieving and rebuilding while experienced legal counsel handles the legal and financial fight ahead.

What to Consider When Hiring an Atlanta Wrongful Death Lawyer

Not all attorneys have the experience, resources, or litigation skills required to handle a wrongful death case successfully. The lawyer you choose can have a significant impact on the outcome of your claim and your family’s financial future.

When evaluating wrongful death attorneys, consider the following factors:

Experience Handling Wrongful Death Cases

Wrongful death claims are among the most complex personal injury cases. They often involve extensive investigations, expert testimony, accident reconstruction, and aggressive negotiations with insurance companies. Look for a lawyer with a proven history of handling wrongful death cases similar to yours.

Trial Experience Matters

While many cases settle outside of court, insurance companies often offer higher settlements when they know the attorney is prepared to take the case to trial. Ask whether the lawyer has courtroom experience and a record of obtaining favorable verdicts for clients.

Resources to Build a Strong Case

Successful wrongful death cases frequently require expert witnesses, medical specialists, economists, investigators, and other professionals. An established law firm should have the resources necessary to thoroughly investigate the death and build a compelling case.

Clear Communication and Accessibility

Families deserve regular updates and honest answers throughout the legal process. Choose an attorney who listens to your concerns, explains your options clearly, and remains accessible when you have questions.

Reputation and Client Results

Research the firm’s reputation, client testimonials, and case results. A strong track record can provide valuable insight into how the attorney handles cases and whether they consistently achieve favorable outcomes for grieving families.

Fee Structure

Most wrongful death lawyers work on a contingency fee basis, meaning you pay nothing upfront and attorney fees are only collected if compensation is recovered. Before hiring an attorney, make sure you understand how fees and litigation costs are handled.

Focus on Your Family’s Best Interests

The right wrongful death lawyer should do more than pursue compensation. They should provide guidance, support, and advocacy while helping your family navigate one of the most difficult periods of your life.

Choosing a wrongful death attorney is an important decision. Taking the time to evaluate experience, resources, reputation, and commitment to client service can help ensure your family has the legal representation needed to pursue justice and financial recovery.

Common Causes of Wrongful Death Cases in Atlanta, Georgia

Wetherington Law Firm handles wrongful death claims arising from a wide range of circumstances. The most common include:

• Commercial truck and tractor-trailer crashes. Large truck crashes on I-285, I-75, I-85, I-20, and Atlanta’s surface streets are a leading cause of fatal collisions in Georgia. These cases involve federal regulatory violations, corporate defendants, and commercial insurance policies carrying up to $5 million in coverage. Matt Wetherington has litigated against national trucking companies and their insurers and brings specific expertise in tire failure, hours-of-service violations, and ECM data analysis to these cases.
• Car accidents caused by negligent or impaired drivers. Wrongful death claims arising from passenger vehicle crashes involve the same negligence analysis as injury claims, but with the added complexity of Georgia’s wrongful death statute, the full-value-of-life standard, and in DUI cases, the potential for punitive damages without the statutory cap.
• Defective vehicles and automotive products. When a death results from a vehicle defect, a tire failure, a fire caused by a defective fuel system, a faulty airbag, or a structural failure, the manufacturer and component supplier may be liable under Georgia products liability law. Matt Wetherington has litigated defective vehicle cases involving Ford Explorers, F-Series trucks, Chrysler vehicles with fire defects, and multiple tire manufacturers, including Firestone and BF Goodrich. He founded the Tire Safety Group, a nonprofit that maintains the world’s largest database of recalled tires, searchable by DOT code.
• Apartment complex shootings and criminal attacks. Property owners in Georgia owe a duty to protect residents and visitors from foreseeable criminal activity under O.C.G.A. § 51-3-1. When a death occurs at an apartment complex, hotel, parking structure, or retail location because the property owner ignored known crime risks, failed to maintain adequate lighting or security, or allowed access control systems to fall into disrepair, a wrongful death premises liability claim may be available. Wetherington Law Firm is currently accepting cases involving sexual assault and shootings at apartment complexes in South Fulton.
• Medical malpractice. When a healthcare provider’s deviation from the applicable standard of care causes a patient’s death, Georgia’s medical malpractice wrongful death statute applies. These cases require expert affidavit support at filing under O.C.G.A. § 9-11-9.1 and demand medical experts capable of establishing both the standard of care violation and the causal link to the death.
• Workplace accidents. When a worker is killed due to a third party’s negligence, not solely the employer’s, a wrongful death claim may run alongside any workers’ compensation recovery. Third-party liability in construction and industrial fatalities often involves equipment manufacturers, subcontractors, and premises owners.
• Dangerous or defective products. Deaths caused by defective consumer products, machinery, industrial equipment, or pharmaceutical drugs may give rise to products liability wrongful death claims against manufacturers, distributors, and sellers under Georgia strict liability doctrine.

What We Investigate in Every Atlanta Wrongful Death Case

When Wetherington Law Firm takes a wrongful death case, we move immediately. Evidence that exists today may not exist in 72 hours. Our investigation is built around the specific cause of death and the defendants involved, but typically includes:

• The complete sequence of events leading to the death. We reconstruct the incident through physical evidence, surveillance footage, witness accounts, and where applicable, electronic data, ECM records in vehicle cases, security system logs in premises cases, medical records in healthcare cases. Understanding exactly what happened is the foundation of every liability theory.
• The defendant’s regulatory and compliance history. In commercial trucking cases, we pull the carrier’s FMCSA safety record, prior inspection violations, and out-of-service orders. In premises cases, we subpoena prior incident reports, police call logs, and any prior notice of dangerous conditions. In product cases, we investigate recall history, prior complaints, and internal communications. A pattern of prior violations or ignored warnings is often the difference between a negligence verdict and a punitive damages case.
• The driver qualification file and personnel records in vehicle cases, to assess whether the driver should have been on the road and whether the carrier knew about disqualifying history before putting them there.
• Drug and alcohol records where impairment is a factor, including post-incident testing records and chain-of-custody documentation. In commercial vehicle cases, failure to conduct required post-accident testing is itself evidence of negligence.
• The full economic profile of the deceased. Establishing the full value of the life under Georgia law requires a complete picture: employment history, career trajectory, educational background, earning capacity, financial contributions to the household, and the economic value of services the deceased provided to the family. We work with vocational economists and financial experts to build this analysis.
• Medical records from the incident and any prior conditions. Defense counsel in wrongful death cases regularly raises pre-existing conditions to minimize liability. We review the complete medical history to anticipate those arguments and build the factual record that addresses them.
• Expert witnesses across the relevant disciplines. Depending on the case, our investigation may involve accident reconstructionists, trucking safety experts, biomechanical engineers, fire origin experts, forensic engineers, medical experts, and life care planners. We retain the experts the case requires, not the minimum necessary.

Matt Wetherington, Atlanta Wrongful Death Attorney

Matt Wetherington is the founder of Wetherington Law Firm and one of Georgia’s most recognized plaintiff’s trial attorneys. He has handled wrongful death cases involving commercial vehicle crashes, defective vehicles, criminal attacks on inadequately secured properties, and defective products. His credentials reflect the depth of that experience:

• Ranked #1 in Georgia by fellow attorneys, two consecutive years. Peer rating by the attorneys who face him in litigation.
• Inducted, ALM Verdicts Hall of Fame for securing one of Georgia’s largest auto wreck verdicts, a result that reflects the firm’s capacity to take catastrophic cases to full value.
• Inducted, Fulton County Daily Report Law Firm Hall of Fame
• Daily Report Top Auto Wreck Verdict in Georgia, 2015
• Super Lawyer, Personal Injury and Products Liability
• Founder, Tire Safety Group, nonprofit maintaining the largest recalled tire database in the world; peer-published presenter on tire failure litigation at ICLE Georgia (2017) and nationally (Nashville, 2018)
• Speaker, American Association for Justice Annual Conference
• Speaker, Georgia Trial Lawyers Association Annual Conference
• Speaker, American Bar Association, Chicago
• GTLA Champion Member; AAJ Member; ABA Member
• Georgia Court of Appeals and Georgia Supreme Court appearances
• Litigated against Ford, Chrysler, Firestone, BF Goodrich, national trucking companies, and major commercial insurers

Matt currently accepts new wrongful death cases involving commercial truck crashes, defective vehicles, fire deaths in Chrysler vehicles, apartment complex shootings and sexual assaults in South Fulton, and serious tire failure cases involving Michelin, BF Goodrich, and Firestone tires.

“These cases are not about money in the abstract. They are about accountability, making sure the corporation or the insurer that benefited from cutting corners doesn’t walk away from what they caused. That is the only thing the civil justice system can do for a family after a loss like this, and it matters.” Matt Wetherington, Founder, Wetherington Law Firm

How the Georgia Wrongful Death Legal Process Works

Understanding the process helps families make informed decisions during an already difficult time.

• Step 1: Free consultation and case evaluation. The first conversation with our team is free, confidential, and carries no obligation. We assess the circumstances of the death, identify the likely defendants, evaluate the available evidence, and give the family a candid assessment of the claim’s strength, the likely value range, and the realistic timeline.
• Step 2: Immediate evidence preservation. In vehicle cases, we send spoliation letters to carriers, insurers, and manufacturers within 24–48 hours of being retained, demanding preservation of ECM data, driver logs, maintenance records, and the vehicle itself. In premises cases, we demand security footage, prior incident reports, and access control records before they are overwritten or discarded. This step cannot wait.
• Step 3: Establishing standing and the claim structure. We confirm who has the right to bring the wrongful death claim under Georgia’s statutory hierarchy, identify whether a survival action runs parallel, and structure the case to recover the maximum available across both tracks.
• Step 4: Full investigation and expert development. We build the liability case, identifying every responsible party, developing expert testimony on causation and the full value of the life, and constructing the factual record that makes the defendant’s conduct undeniable.
• Step 5: Demand, negotiation, and if necessary, litigation. Once the medical picture, the liability evidence, and the full-value analysis are complete, we present a structured demand to the defendant’s insurer. Most serious wrongful death cases proceed through negotiation and, if needed, mediation. Where the defendant refuses to pay fair value, Matt Wetherington is an experienced trial attorney who takes cases to verdict. That credibility, the realistic threat of a jury trial, is what produces meaningful settlement numbers.
• Step 6: Proper distribution of the recovery. The distribution of a wrongful death recovery is governed by Georgia statute, not the parties’ preferences. We ensure the recovery is distributed correctly among eligible family members and that any estate claims are handled separately and properly.

Common Mistakes Families Make After a Wrongful Death in Georgia

1. Accepting an early settlement offer. Insurance companies contact surviving families quickly after a wrongful death, sometimes within days. Early offers are designed to settle the claim before the family retains counsel and before the full scope of damages is understood. The full value of the life, including lifetime earning capacity and non-economic loss, takes time to properly calculate. Settling early almost always means settling for far less than the case is worth, and once a release is signed, no further recovery is possible.
2. Giving recorded statements to the defendant’s insurer. The carrier’s or defendant’s insurance representative may contact family members presenting themselves as helpful or sympathetic. Any recorded statement given without legal counsel can be used to narrow the claim and shift fault. Do not provide one.
3. Assuming the claim belongs to one family member. Georgia’s wrongful death statute specifies exactly who has the right to bring the claim and how the recovery must be distributed. Family disputes over the claim, or mistaken assumptions about who controls the case, can jeopardize the recovery. Retaining an attorney early clarifies these questions before they become problems.
4. Waiting too long. The two-year statute of limitations feels distant when a family is in the immediate aftermath of a loss. But the evidence that wins a wrongful death case, surveillance footage, ECM data, dispatch records, driver logs- often disappears within days. An attorney needs to be involved early enough to preserve it.
5. Focusing only on the most obvious defendant. In commercial vehicle cases, the driver is often the first and only party identified. The carrier, the manufacturer, the cargo loader, and the maintenance contractor may each bear responsibility. Missing any one of them means leaving recoverable damages on the table.

Georgia Wrongful Death Statute of Limitations

Under O.C.G.A. § 9-3-33, a wrongful death claim must be filed within two years of the date of death. This is not the date of the injury; it is the date the person died. Where death is not immediate, the limitations period begins on the date of death, not the date of the underlying accident.

Important exceptions:

• Minor children. Where the wrongful death claimant is a minor, Georgia’s tolling statute under O.C.G.A. § 9-3-90 may pause the limitations period until the minor reaches the age of majority. This exception applies to the minor’s personal claim, not necessarily the wrongful death claim brought by a parent or guardian.
• Government defendants. Claims against the State of Georgia must comply with the Georgia Tort Claims Act (O.C.G.A. § 50-21-26), which requires ante litem notice within 12 months of the date of death. Claims against municipal entities may carry notice requirements as short as 6 months. Missing these notice deadlines forecloses the claim entirely, regardless of merit.
• Fraud or concealment. Where the defendant fraudulently concealed facts relevant to the cause of death, a scenario that arises in product liability and medical malpractice cases, Georgia’s tolling provisions may extend the limitations period.

Two years is not as much time as it sounds in a case that requires expert development, records subpoenas, and full investigation. The earlier an Atlanta wrongful death attorney is involved, the more evidence is available and the stronger the case that can be built.

How Much Does It Cost to Hire a Wrongful Death Lawyer in Atlanta?

Nothing upfront. Wetherington Law Firm handles wrongful death cases on a contingency fee basis, which means our fee is a percentage of the recovery we obtain for your family. If we do not recover, you owe no attorney fees. Every fee arrangement is documented in writing, governed by Georgia Bar Rule 1.5, and explained fully before any work begins.

Standard Georgia contingency fee structures for wrongful death cases are 33⅓% of the recovery if the case resolves before suit is filed and 40% if litigation becomes necessary. Case expenses, including expert witness fees, deposition costs, records retrieval, reconstruction analysis, and filing fees, are advanced by the firm and reimbursed from the settlement or verdict, not paid out of pocket while your family is still grieving and managing financial disruption.

This structure exists so that families facing the most serious losses have access to the same quality of legal representation as the corporations and insurers defending against them.

What a Georgia Wrongful Death Lawsuit Must Prove

Winning a wrongful death case in Georgia requires proving four elements under the preponderance of the evidence standard, all while anticipating the defense strategies described above.

• Duty is typically established by the relationship between the parties. A driver owes a duty to others on the road. A physician owes a duty to their patient. A property owner owes a duty to lawful visitors. This element is rarely disputed on its own.
• Breach is where most of the evidentiary work happens. Proving that the defendant failed to exercise reasonable care requires objective documentation: vehicle data, cell phone records, surveillance footage, medical records, safety inspection reports, and expert testimony from professionals in the relevant field. In complex cases, breach is established through the convergence of multiple evidence sources that each independently support the same conclusion.
• Causation is the element defense teams contest most aggressively. Proving that the defendant’s breach caused the death, as opposed to a pre-existing condition, an intervening event, or the deceased’s own conduct, requires medical expert testimony, accident reconstruction, and in fatal injury cases, forensic pathology evidence that directly links the negligent act to the cause of death. Georgia’s modified comparative fault rule under O.C.G.A. § 51-12-33 makes causation disputes especially consequential because any fault allocated to the deceased reduces the recovery proportionally, and 50% or more eliminates it entirely.
• Damages require building the full value of the life through expert economic analysis, vocational testimony, and in appropriate cases a life care plan. In wrongful death cases, the damages presentation must be precise enough to survive cross-examination by a defense economist while being clear enough for a jury to understand and accept.

Contact Our Atlanta Wrongful Death Lawyers

Losing a family member to someone else’s negligence or recklessness is permanent. The legal window to hold them accountable is not.

When you contact Wetherington Law Firm, here is what you can expect:

• A free, confidential consultation with an attorney who actually handles wrongful death cases, not a screener reading from a script.
• A candid assessment of your claim, the available defendants, the likely recovery range, and the obstacles you should expect from the defendant’s insurer.
• Immediate action, spoliation letters, evidence preservation demands, and FMCSA or incident record requests sent within 24–48 hours of being retained.
• No fees unless we win. We advance all case expenses. You pay nothing until we recover for your family.

Call (404) 888-4444 or fill out our online contact form to schedule your free consultation. We represent surviving families across Atlanta and throughout Georgia, Fulton, DeKalb, Gwinnett, Cobb, Clayton, and beyond.

Frequently Asked Questions

What is the difference between a wrongful death claim and a survival action in Georgia?

These are two separate legal claims that often run in parallel. A wrongful death claim is brought by the surviving family members (spouse, children, or parents) under O.C.G.A. § 51-4-2 and seeks the full value of the life of the deceased, including both economic and non-economic components. A survival action is brought by the estate and covers the deceased’s own damages between the time of injury and the time of death: medical expenses, conscious pain and suffering, and funeral costs. Both claims should be evaluated and pursued in every wrongful death case.

Who has the right to file a wrongful death lawsuit in Georgia?

Georgia law establishes a clear priority under O.C.G.A. § 51-4-2: the surviving spouse has the first right to bring the claim. If there is no surviving spouse, the right passes to the surviving children. If there are no surviving children, the parents may bring the claim. If there is no surviving spouse, child, or parent, the right passes to the administrator of the estate. This hierarchy cannot be altered by family agreement or personal preference; it is set by statute.

What does “full value of the life” mean under Georgia law?

It is the standard by which wrongful death damages are measured in Georgia and it is broader than in most states. The full value of the life includes the economic value, lifetime earning capacity, financial contributions to the household, employment benefits, and the intrinsic, non-economic value of the life: the experiences, relationships, joys, and activities that made up that person’s existence. It is not capped. Establishing it fully requires vocational economists, actuarial analysis, and in some cases testimony from family, colleagues, and community members about who the deceased was and what their life encompassed.

Can I bring a wrongful death claim if the responsible party was also criminally charged?

Yes. The civil wrongful death claim is entirely separate from any criminal prosecution. A criminal conviction is not required to win a civil wrongful death case, and a criminal acquittal does not bar a civil claim. The standards of proof are different; criminal cases require proof beyond a reasonable doubt; civil wrongful death cases require proof by a preponderance of the evidence, meaning more likely than not. O.J. Simpson’s civil wrongful death verdict while acquitted criminally is the well-known national example; Georgia courts apply the same separation.

What if the person who caused the death had no insurance or minimal coverage?

This depends on the facts. If the at-fault party is an individual with minimal insurance and no assets, recovery can be difficult. But in most serious wrongful death cases, the at-fault party is not the only responsible party; the employer, the property owner, the manufacturer, or the insured carrier may each carry separate coverage. Uninsured and underinsured motorist (UM/UIM) coverage on the deceased’s own policy may also provide additional recovery. Evaluating the full defendant and insurance picture is one of the first things we do in every case.

Is there a cap on wrongful death damages in Georgia?

There is no cap on compensatory damages in Georgia wrongful death cases, neither the economic nor the non-economic component of the full value of the life is capped by statute. Punitive damages under O.C.G.A. § 51-12-5.1 are generally capped at $250,000, but that cap does not apply in DUI cases, product liability cases, or cases involving specific intent to harm.

How long will a wrongful death case take in Georgia?

It depends on the complexity of the case and the defendants involved. Cases with clear liability and a single defendant may resolve within 12 to 18 months. Cases involving multiple defendants, disputed causation, significant damages disputes, or corporate defendants with dedicated defense teams can take two years or longer. The right approach is not to rush a settlement that undervalues the claim, particularly on the full-value-of-life calculation, which requires time and expert development to establish at its true number. Your attorney should give you a realistic timeline and update you as the case develops, not pressure you toward a quick resolution that benefits the defendant more than your family.

What if the death was caused by a crime, can we still sue the property owner?

Potentially yes. Georgia’s premises liability law under O.C.G.A. § 51-3-1 requires property owners to exercise ordinary care to protect invitees from foreseeable harm, including foreseeable criminal acts. If a death occurred at an apartment complex, hotel, parking structure, or commercial property where the owner knew or should have known that violent crime was a foreseeable risk, based on prior incidents on or near the property, known security deficiencies, or inadequate access control, a wrongful death premises liability claim may run against the property owner in addition to, or instead of, the individual perpetrator. Wetherington Law Firm is currently accepting cases involving shootings and sexual assaults at apartment complexes in South Fulton, Georgia.