Wrongful Death

Under Georgia law (O.C.G.A. § 51-4-2), the surviving spouse has the primary right to file a wrongful death lawsuit. If there is no surviving spouse, the deceased’s children may file. If there is no spouse or children, the parents or the estate administrator may bring the claim. The surviving spouse must share any recovery equally with surviving children. Contact Overbird Law for a free consultation about your family’s rights.

The statute of limitations for a wrongful death lawsuit in Georgia is two years from the date of the person’s death (O.C.G.A. § 9-3-33). This deadline runs from the date of death, not the date of the incident that caused the death. If the death resulted from a criminal act, the statute may be tolled while criminal proceedings are pending. Do not delay -- contact Overbird Law as soon as possible.

Georgia wrongful death claims allow recovery of the “full value of the life of the decedent,” which includes lost future income and benefits, the value of care, companionship and guidance, funeral and burial expenses, medical expenses incurred before death, and the deceased’s pain and suffering prior to death. Punitive damages may be available in cases involving egregious conduct. Overbird Law fights to maximize recovery for grieving families.

A wrongful death claim compensates the surviving family members for their losses, including the full value of the deceased’s life. A survival action, by contrast, belongs to the estate and recovers damages the deceased person could have claimed had they survived -- such as medical expenses and pain and suffering between the injury and death. Both claims can be pursued simultaneously in Georgia. An attorney at Overbird Law can help your family pursue all available claims.

Wrongful death values depend on the decedent's age, earning capacity, family situation, the at-fault party's conduct, and available insurance. Most Georgia wrongful death settlements range from $500,000 to $5 million, with cases involving young high-earners or egregious conduct (drunk driving deaths, gross negligence) reaching far higher numbers. Punitive damages are available in many DUI-death cases and can substantially increase recovery.

Most wrongful death cases resolve in 12 to 24 months. Cases involving disputed liability, multiple defendants, or complex insurance stacking can take 2 to 3 years. Early aggressive investigation — securing scene evidence, witness statements, and the at-fault party's full insurance picture — often determines whether a case can be settled favorably or must be tried.

After settlement, the gross recovery passes through the attorney's trust account where liens (medical, Medicare, ERISA), case expenses, and the contingency fee are deducted before disbursement to the family. Minor children receive their shares either through court-supervised conservatorships or special needs trusts. Most catastrophic recoveries are structured as a combination of immediate lump sums and tax-free annuities for long-term security.

No. Overbird Law handles wrongful death cases on a contingency-fee basis — you pay nothing up front and nothing out of pocket. The firm's fee is a percentage of the recovery and only owed if we win or settle the case. If there is no recovery, there is no fee and no expenses owed.