No amount of money changes what your family has lost. Georgia law still requires the person responsible to answer for it fully.
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Wrongful Death Overview
A Legal Standard Built Around the Life That Was Lost
Georgia's wrongful death statute uses a specific legal term, the "full value of the life of the decedent," to describe what a jury may consider in these cases. That phrase can sound clinical, but it isn't an attempt to put a price on a person. Under O.C.G.A. § 51-4-2, it's the legal standard Georgia uses to hold a responsible party fully accountable.
That accountability accounts for both the financial contributions the person would have made and the immeasurable value of their presence in their family's life, factors a jury is entitled to weigh even though no number could ever really capture what was lost.
The Two Claims Involved in a Wrongful Death Case
Georgia also treats a wrongful death case as two separate legal claims. The wrongful death claim belongs to specific surviving family members and is the mechanism Georgia law provides for holding the responsible party accountable for that loss.
A second, distinct claim called a survival action belongs to the deceased's estate and recovers what the person themselves would have been entitled to before they died, medical expenses, funeral costs, and their own pain and suffering. Families often pursue both at once, and missing either one can leave real compensation on the table.
Why Choose Turnbull, Moak & Pendergrass
Wrongful death cases require proving the full value of a life while a grieving family is still absorbing the loss, and that takes both legal skill and genuine care.
We Document the Full Picture, Not Just the Financial One
Our wrongful death lawyers in Atlanta work with economists and vocational experts to document both the measurable and intangible value of what a family lost, rather than relying on a generic formula.
We Prepare Every Case as Though It's Going to Trial
Insurers value wrongful death claims very differently once they understand a firm is genuinely prepared to present that full picture to a jury.
Preventable Deaths Remain Far Too Common
Wrongful death claims exist because so many deaths in this country are preventable. According to the CDC, unintentional injuries are the third leading cause of death in the United States overall, and the leading cause of death for Americans between the ages of 1 and 44.
Behind those numbers are car crashes, defective products, medical errors, and other situations where someone else's negligence cut a life short, exactly the circumstances a wrongful death claim is built to address.
The Estate's Separate Claim
Beyond the wrongful death claim itself, Georgia allows the decedent's estate to pursue a survival action for losses the person experienced before they died.
- Pre-Death Pain and Suffering: Compensation for what the decedent experienced physically and emotionally between the injury and death.
- Medical Expenses: Costs of treatment provided before death, including emergency care and hospitalization.
- Funeral and Burial Expenses: The direct costs of laying a loved one to rest.
This claim is legally distinct from the wrongful death claim and is generally pursued by the estate's personal representative rather than the family members named in the wrongful death statute.
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Who Can Be Held Liable
Responsibility depends entirely on the circumstances of the death, but common categories include:
- A negligent driver or commercial vehicle company
- A medical provider or facility
- A product manufacturer
- A property owner or nursing home operator
- An employer, in cases involving a negligent employee acting within the scope of their job
Frequently Asked Questions Wrongful Death Attorneys in Atlanta
Is Georgia really trying to put a price on my loved one's life?
No. "Full value of the life" is the legal standard Georgia courts use to hold a responsible party accountable, not an attempt to price a person. It weighs what they would have contributed financially alongside the immeasurable value of their presence, guidance, and relationships, factors a jury considers in reaching a fair outcome, not a way of defining what they were worth.
Can more than one family member file a wrongful death claim?
Generally, no. Georgia's statute designates a specific hierarchy: spouse first, then children, then parents, then the estate, so only one category of relative brings the claim at a time, though the recovery may still be shared among family members within that category.
Does a pending criminal case affect my deadline to file?
It can. Georgia's standard two-year filing deadline may be paused while a related criminal prosecution is pending, though it's important to confirm how this applies to your specific situation rather than assume it.
Do I have to pay anything up front?
No. We handle wrongful death cases on a contingency fee basis, meaning your family pays nothing up front, and we're compensated only if we secure a recovery on your behalf.
