Wrongful Death in Georgia
Justice for Lives Taken Too Soon
Losing someone you love is one of life’s deepest pains. When that loss happens because of someone else’s negligence or reckless behavior, it’s not just tragic—it’s unjust. At Brandon Smith Law, we help Metro Atlanta families seek accountability, closure, and the financial stability they deserve after a wrongful death.
While no legal outcome can replace the person you’ve lost, the right action can bring justice and help you rebuild with dignity.
What Is a Wrongful Death Case?
A wrongful death occurs when someone’s life is taken due to another’s negligence, recklessness, or intentional act.
Under Georgia law (O.C.G.A. § 51-4-2), the surviving family may seek compensation for the “full value of the life” of the deceased.
Common Causes Include:
Car, truck, or motorcycle crashes caused by negligent drivers
Pedestrian or bicycle collisions
Medical malpractice and surgical errors
Nursing home neglect or abuse
Defective products or unsafe machinery
Workplace and construction site accidents
Unsafe properties or fires (premises liability)
Criminal acts or negligent security
Every case represents a life that mattered. Our attorneys listen to your story, investigate the facts, and fight with compassion and persistence to secure justice for your loved one.
Who Can File a Wrongful Death Claim in Georgia
Georgia law specifies who has the legal right to bring a claim, in order of priority:
Spouse – The surviving husband or wife has the first right to file.
Children – If there is no spouse, the surviving children may bring the claim.
Parents – If there are no spouse or children, the parents may file.
Estate Representative – If no immediate family survives, the estate’s representative may file on behalf of beneficiaries.
When a spouse files, they share any recovery equally with the children—but never receive less than one-third.
Brandon Smith Law ensures every filing complies with Georgia’s complex family and estate laws, protecting your rights and maximizing your recovery.
Types of Wrongful Death Claims
Georgia recognizes two distinct types of claims, each serving a different purpose:
The “Full Value of Life” Claim
Filed by the surviving family, this seeks compensation for both economic and intangible losses:
Lost income, benefits, and earning potential
The emotional and relational value of life—love, companionship, enjoyment, and contributions to family and community
The Estate Claim
Filed by the estate’s representative, this covers losses suffered by the deceased before passing:
Medical expenses from the fatal injury or illness
Funeral and burial costs
Conscious pain and suffering endured before death
Our firm pursues both claims where applicable, ensuring your family receives every dollar you’re entitled to under Georgia law.
Key Steps After a Wrongful Death
When tragedy strikes, it’s hard to think about legal matters. But taking early action can make all the difference in protecting your family’s rights:
Preserve evidence. Save accident reports, photos, witness details, and communications.
Obtain the death certificate. It’s a required document for your claim.
Track expenses. Keep records of funeral, medical, and related costs.
Avoid direct contact with insurers. They may try to settle quickly for less than you deserve.
Consult an experienced wrongful death attorney. Early legal guidance helps preserve vital evidence and strengthen your case.
At Brandon Smith Law, we handle the details—so you can focus on your family and the memory of your loved one.
What You Can Recover
Wrongful death compensation in Georgia may include economic, non-economic, and sometimes punitive damages.
Economic Damages:
Lost income, benefits, and future financial support
Medical and hospital expenses before death
Funeral and burial expenses
Non-Economic Damages:
Pain and suffering before death
Emotional distress and grief of surviving family
Loss of companionship, love, and parental guidance
The “full value of the life” lost
Non-Economic Damages:
Pain and suffering before death
Emotional distress and grief of surviving family
Loss of companionship, love, and parental guidance
The “full value of the life” lost
Our mission is to ensure your family’s losses—both tangible and emotional—are fully recognized under Georgia law.
Why These Cases Require Experienced Counsel
Wrongful death cases are complex—emotionally and legally. They often involve multiple defendants, large insurance companies, and high financial stakes.
Here’s why strong legal representation matters:
Time-sensitive evidence can disappear without prompt investigation.
Multiple parties may share liability—individuals, corporations, or government entities.
Insurance companies often fight to reduce payouts.
Future damages must be carefully calculated to reflect lifetime loss and dependency.
Strict deadlines apply; most Georgia cases must be filed within two years of death.
Brandon Smith Law combines legal skill, investigative resources, and compassion to navigate these challenges. We coordinate with accident reconstructionists, medical experts, and economists to build the strongest case possible.
The Brandon Smith Law Advantage
Choosing the right law firm can make all the difference. Here’s what sets Brandon Smith Law apart:
Proven Results
Millions recovered for injured clients through skillful advocacy and relentless pursuit of justice.
Comprehensive Resources
Extensive legal insight and support across injury, liability, civil, and workplace cases.
Compassionate Representation
Guiding you with care and understanding through every step of your recovery and legal journey.
Clear Communication
Keeping you informed with honest updates, plain answers, and full transparency at every turn.
No Upfront Fees
You pay nothing unless we win—our success is measured by the justice we achieve for you.
Get the Justice Your Family Deserves
If your loved one’s death was caused by negligence, you don’t have to face the aftermath alone.
Let Brandon Smith Law guide you through the process with care, commitment, and clarity.
📞 (678) 831-5278
📍 Office: 5425 Peachtree Pkwy NW, Peachtree Corners, GA 30092
🕒 Hours: Monday–Friday, 8:30 AM – 5:00 PM
You’re not alone.
Let our Georgia wrongful death attorneys fight for your family’s future—with dignity, compassion, and unwavering pursuit of justice.
