Overbird Law

Wrongful Death

When negligence takes a life, families deserve justice. Overbird Law provides compassionate, aggressive representation to hold responsible parties accountable.

Georgia Wrongful Death Attorneys

Honoring Your Loved One Through Justice

No amount of money can replace the loss of a loved one. But a wrongful death claim can provide financial security for your family, hold the negligent party accountable, and help prevent similar tragedies from happening to others.

Under Georgia law (O.C.G.A. § 51-4-1), certain family members have the right to bring a wrongful death action when a loved one dies due to another's negligence, recklessness, or intentional misconduct. These cases are complex and emotionally charged — you need an attorney who will handle the legal burden while you grieve.

Attorney Jonathan Overman approaches every wrongful death case with the sensitivity it demands and the aggression it requires. We investigate thoroughly, retain expert witnesses, and build cases designed to maximize recovery for grieving families.

Common Causes of Wrongful Death:

Motor Vehicle Accidents
Medical Malpractice
Workplace Accidents
Defective Products
Premises Liability
Nursing Home Neglect
Criminal Acts
Construction Accidents

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Who Can File a Wrongful Death Claim?

Surviving Spouse

The surviving husband or wife has the primary right to bring a wrongful death action under Georgia law.

Children

If there is no surviving spouse, the deceased's children may bring the wrongful death claim and share equally in any recovery.

Parents or Estate

If no spouse or children survive, the deceased's parents or the estate administrator may file the claim.

Damages in a Wrongful Death Case

Georgia wrongful death claims allow families to recover both economic and non-economic damages.

Full value of the deceased's life
Lost income and future earnings
Loss of companionship and guidance
Funeral and burial expenses
Medical bills prior to death
Pain and suffering of the deceased
Punitive damages (in egregious cases)
Loss of household services

Related Practice Areas

Wrongful Death Case Types

Common Questions

Wrongful Death FAQs

Who can file a wrongful death lawsuit in Georgia?

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.

What is the statute of limitations for wrongful death in Georgia?

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.

What damages can be recovered in a Georgia wrongful death case?

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.

How is a wrongful death case different from a survival action in Georgia?

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.

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Wrongful Death Attorneys Across Greater Atlanta

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