Atlanta Wrongful Death Attorney
No amount of money will bring them back. But holding the responsible party accountable — and securing your family’s financial future — is something we can do. And we do it well.
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Buckhead & Norcross
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Overview
Losing Someone You Love Because of Someone Else’s Negligence
There is no legal remedy that makes this right. No verdict that fills the absence at your dinner table. No settlement that gives your children their parent back, or a wife her husband, or a mother her child.
But here is what we can do. We can make sure the person — or the company, or the driver, or the doctor — who caused your loved one’s death is held fully accountable. We can make sure your family is not destroyed financially on top of everything else. And we can make sure that what happened to your family does not happen to the next one.
At The Gunn Law Group, wrongful death cases are personal. They are not case numbers. They are not files. They are families — Atlanta families, Georgia families — who are going through the worst thing they will ever experience. We treat them that way.
Our founder, Harrell Gunn, built this firm in Atlanta to represent people who need real help — not a call center, not a billboard factory, but a law firm that picks up the phone, explains what is happening, and fights like the outcome matters. Because it does.
If you have lost a loved one due to someone else’s negligence, call The Gunn Law Group at 888-BIG-GUNN (888-244-4866). The consultation is free, confidential, and there is no obligation.
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Call 888-BIG-GUNN Request a Free Case ReviewWhat Is Wrongful Death Under Georgia Law?
Georgia’s wrongful death statutes are found at O.C.G.A. § 51-4-1 through § 51-4-5. Under Georgia law, a wrongful death occurs when a person dies as a result of another party’s negligent, reckless, intentional, or criminal act. The wrongful death claim allows the surviving family to recover the “full value of the life” of the deceased.
This is an important concept. Georgia does not limit wrongful death damages to just medical bills and funeral costs. The “full value of the life” is measured from the deceased’s own perspective — everything they lost by dying, both economic (such as the earnings they would have had over a normal lifespan) and intangible (the value of living itself, including time with family and the experiences of life).
This means the claim accounts for:
- Lost future earnings — what the deceased would have earned over their remaining working life
- Lost benefits — retirement, insurance, and other employment benefits
- Lost services — household duties, childcare, maintenance, and other contributions
- The intangible value of life — the deceased’s lost ability to enjoy life, including relationships with family and friends
- Lost relationships and roles — for example, a parent’s lost chance to raise and guide their children
Georgia’s wrongful death law is designed to compensate for what was truly lost — not just the economic impact, but the human impact.
Millions Recovered for Wrongful Death Victims in Georgia
The Gunn Law Group has secured significant results for families who lost loved ones due to negligence:
We have recovered millions of dollars across wrongful death cases involving auto accidents causing traumatic brain injury, medical negligence, and other preventable tragedies. In every wrongful death case we handle, the responsible party’s insurance company tries to minimize the claim — offering a fraction of what the case is truly worth. We do not let that happen.
We build the evidence, prove fault, and fight for the full value of the life lost. Our wrongful death results include multi-million dollar recoveries for families devastated by negligent drivers, surgical errors, and other acts of negligence. Every case matters. Every family matters. We fight for every dollar.
These are not just legal cases. These are families. Each result represents a family that trusted The Gunn Law Group to fight for them at the worst moment of their lives. We earned that trust.
4.9 · 500+ Google reviews
“Alexis and Landon were amazing! They communicated very well throughout the process and took really good care of me.”
— Steffon M., Google review
4.9 · 500+ Google reviews
“I had an excellent experience with Gunn Law Group. Landon and Laura were both great — professional, knowledgeable, and truly dedicated to helping their clients.”
— Itoo B., Google review
Who Can File a Wrongful Death Claim in Georgia?
Georgia law establishes a specific hierarchy for who has the right to file a wrongful death claim. Understanding this hierarchy is critical because filing by the wrong party can create legal complications.
Surviving Spouse (O.C.G.A. § 51-4-2)
If the deceased was married, the surviving spouse has the primary right to bring the wrongful death claim. The spouse files on behalf of themselves and any children of the deceased. Under Georgia law, the surviving spouse is entitled to at least one-third of the total wrongful death recovery, even if there are children.
Children of the Deceased
If there is no surviving spouse, the children of the deceased have the right to file. The recovery is divided equally among the children.
Parents of the Deceased
If there is no surviving spouse and no children, the parents of the deceased can file the wrongful death claim. This is common in cases involving the death of an unmarried young adult.
Estate Administrator (O.C.G.A. § 51-4-5)
If none of the above parties exist, the administrator or executor of the deceased’s estate may bring the claim. In this situation, the administrator holds the recovery for the benefit of the deceased’s next of kin — it does not become an asset of the estate and is not subject to the deceased’s debts.
Important: Georgia also recognizes a separate survival action — a claim that belongs to the estate of the deceased for the pain and suffering the deceased experienced before death. This is separate from the wrongful death claim and can be pursued simultaneously.
The Wrongful Death Claim vs. The Survival Action
Many families do not realize that two separate legal claims may exist after a wrongful death:
Wrongful Death Claim (O.C.G.A. § 51-4-2)
- Filed by the surviving family members (spouse, children, parents)
- Recovers the “full value of the life” of the deceased, measured from the deceased’s perspective
- Includes both economic losses (such as lifetime earnings) and the intangible value of the life itself
Survival Action (O.C.G.A. §§ 9-2-41 and 51-4-5)
- Filed by the estate of the deceased
- Compensates for the deceased person’s own pain and suffering before death, plus medical, funeral, and other necessary expenses
- Includes medical bills incurred before death, pain experienced, and the deceased’s own losses
At The Gunn Law Group, we pursue both claims when appropriate to ensure your family receives the maximum compensation available under Georgia law.
Types of Wrongful Death Cases We Handle
Wrongful death can result from almost any type of negligence. The most common wrongful death cases we handle in Atlanta include:
Car and Truck Accidents
Motor vehicle accidents are one of the most common causes of wrongful death claims in Georgia. Distracted drivers, drunk drivers, speeding, running red lights, commercial truck driver fatigue — when someone’s reckless driving kills another person, the victim’s family has the right to pursue a wrongful death claim.
Medical Malpractice
When a doctor, surgeon, nurse, or hospital fails to provide competent care — and that failure causes death — the surviving family can pursue a wrongful death claim. Our wrongful death recoveries involving improper surgery and medical negligence demonstrate our deep experience in medical malpractice wrongful death cases.
Premises Liability
Property owners who fail to maintain safe conditions — resulting in fatal falls, electrocution, structural collapse, or other deadly hazards — can be held liable for wrongful death.
Workplace Accidents
Construction site deaths, industrial accidents, and other workplace fatalities caused by employer negligence, unsafe conditions, or defective equipment. While workers’ compensation may be involved, third-party wrongful death claims are often available against parties other than the employer.
Product Liability
Defective products — vehicles with design flaws, dangerous pharmaceuticals, faulty medical devices, defective consumer products — that cause death. Manufacturers, distributors, and retailers can all be held liable.
Criminal Acts / Negligent Security
When a property owner fails to provide adequate security — at an apartment complex, parking garage, hotel, or retail location — and that failure leads to a violent crime resulting in death, a wrongful death claim may be available.
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888-BIG-GUNNStatute of Limitations for Wrongful Death in Georgia
Under O.C.G.A. § 9-3-33, the statute of limitations for a wrongful death claim in Georgia is two years from the date of the deceased’s death.
This is a hard deadline. If you do not file in time, you can lose the right to bring the claim entirely. There are limited exceptions — for example, the deadline may be tolled while a related criminal prosecution is pending (O.C.G.A. § 9-3-99), and claims belonging to the estate may be tolled until an administrator is appointed (O.C.G.A. § 9-3-92). And if a government agency or employee is responsible, written ante litem notice may be due much sooner — within six months for claims against a city (O.C.G.A. § 36-33-5).
Wrongful death cases require extensive investigation — gathering evidence, consulting experts, identifying all responsible parties, and building a case that reflects the full value of the life lost. This takes time.
Do not wait. If you have lost a loved one due to someone else’s negligence, contact The Gunn Law Group as soon as possible. Call 888-BIG-GUNN (888-244-4866) today.
Why Atlanta Families Trust The Gunn Law Group
We Take These Cases Personally
At The Gunn Law Group, our founding principle is simple: “We take your personal injury case, personally.” Nowhere is that more true than in wrongful death cases. We know you are grieving. We know you may not even want to think about a lawsuit right now. We handle the legal burden so you can focus on your family.
We Fight for the Full Value
Insurance companies will try to settle wrongful death claims quickly and cheaply — before you understand what your case is actually worth. We do not let that happen. We calculate the full value of the life lost — every dollar of future earnings, every measure of the life they would have lived — and we fight for that number.
500+ Five-Star Reviews
More than 500 families have trusted us and rated us five stars. Our reviews speak to not just our results, but how we treat people during the most difficult time of their lives.
No Fee Unless We Recover for You
You will never pay an out-of-pocket attorney fee. We work on contingency — we get paid only when we recover compensation for you. We front all costs of investigation, expert witnesses, and litigation.
How a Wrongful Death Case Works in Georgia
Step 1: Free Consultation
Call 888-BIG-GUNN. We will listen to what happened, explain your legal options, and determine who has standing to file the wrongful death claim under Georgia law.
Step 2: Investigation
We gather all evidence — police reports, medical records, witness statements, expert analyses, financial records documenting the deceased’s earnings and contributions. We identify every responsible party.
Step 3: Calculating the Full Value of the Life
Working with economic experts, life care planners, and vocational specialists, we calculate the total value of the life lost — future earnings, benefits, services, and the intangible value of the life itself. This is the number we fight for.
Step 4: Filing the Claim
We file the wrongful death claim (and survival action, if applicable) within the statute of limitations, naming all responsible parties.
Step 5: Negotiation
We present our case to the insurance companies with full documentation of the claim’s value. We do not accept lowball offers. We negotiate from a position of strength — backed by evidence, experts, and a willingness to go to trial.
Step 6: Trial, If Necessary
Most wrongful death cases settle. But we prepare every case for trial, because insurance companies know which firms will actually try a case. That preparation drives settlement value up. If trial is necessary, we are ready.
Across Georgia
Wrongful Death Lawyers Serving All of Georgia
Hurt somewhere else in the state? We handle wrongful death cases across Georgia. See our wrongful death practice overview and our local pages:
Carrollton Wrongful Death LawyerDecatur Wrongful Death LawyerGainesville Wrongful Death LawyerJohns Creek Wrongful Death LawyerKennesaw Wrongful Death LawyerMarietta Wrongful Death LawyerNorcross Wrongful Death LawyerRome Wrongful Death LawyerSavannah Wrongful Death LawyerSmyrna Wrongful Death LawyerSouth Fulton Wrongful Death Lawyer
FAQ
Frequently Asked Questions
Under O.C.G.A. § 51-4-2, the surviving spouse has the primary right to file. If there is no spouse, the children may file. If there are no children, the parents may file. If none of these parties exist, the estate administrator may bring the claim under O.C.G.A. § 51-4-5.
Georgia law allows recovery of the “full value of the life” of the deceased — not just economic losses. It is measured from the deceased’s perspective: lost future earnings (without deducting their personal expenses), the value of household services, and the intangible value of the life itself — the relationships, experiences, and enjoyment of life the deceased lost over a normal lifespan.
The statute of limitations is two years from the date of death under O.C.G.A. § 9-3-33. This is a firm deadline with very limited exceptions. Contact an attorney as soon as possible to protect your rights.
A wrongful death claim, brought by the surviving family, recovers the full value of the deceased’s life, measured from the deceased’s perspective. A survival action compensates the estate for the deceased’s own pain and suffering before death, plus medical and funeral expenses. Both claims can be pursued simultaneously for maximum recovery.
The Gunn Law Group works on a contingency fee basis. You pay nothing upfront and nothing out of pocket. We only get paid if we recover compensation for your family.
Yes. The civil wrongful death claim is separate from any criminal prosecution. You do not have to wait for the criminal case to conclude, and the standard of proof is lower in civil court (preponderance of evidence vs. beyond a reasonable doubt).
Georgia follows a modified comparative negligence rule (O.C.G.A. § 51-12-33). If the deceased was less than 50% at fault, the family can still recover damages — reduced by the deceased’s percentage of fault. If 50% or more at fault, recovery is barred.
The Insurance Company Is Not on Your Side
Within days of your loved one’s death, the at-fault party’s insurance company may contact you. They may seem sympathetic. They may offer a quick settlement. They may ask you for a recorded statement. Do not accept anything. Do not sign anything. Do not give a recorded statement. Call 888-BIG-GUNN (888-244-4866) today for a free consultation.
Other Cases We Handle in Atlanta
- Atlanta Car Accident Lawyer
- Atlanta Truck Accident Lawyer
- Atlanta Motorcycle Accident Lawyer
- Atlanta Pedestrian Accident Lawyer
- Atlanta Bicycle Accident Lawyer
- Atlanta Bus Accident Lawyer
- Atlanta Drunk Driver Accident Lawyer
- Atlanta Uber & Lyft Accident Lawyer
- Atlanta Uninsured Motorist Lawyer
- Atlanta Medical Malpractice Lawyer
- Atlanta Premises Liability Lawyer
- Atlanta Slip and Fall Lawyer
- Atlanta Dog Bite Lawyer
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Two Offices Serving All of Georgia
We represent injured people throughout Metro Atlanta and across Georgia, with free consultations by phone, by video or in person. Hablamos español.
Atlanta Office (Buckhead)
950 E. Paces Ferry Rd NE, Suite 1550
Atlanta, GA 30326
Monday–Friday, 9:00 AM – 6:00 PM
Call Buckhead: 770-800-0945Norcross / Gwinnett County Office
5955 Jimmy Carter Blvd, Suite 149
Norcross, GA 30071
Monday–Friday, 9:00 AM – 6:00 PM
Call Norcross: 678-200-0273Attorney advertising. This page is a communication from The Gunn Law Group, 950 E. Paces Ferry Rd NE, Suite 1550, Atlanta, GA 30326. Responsible attorney: Harrell Gunn. The information on this page is general information, not legal advice, and contacting us does not create an attorney-client relationship. Past results and client reviews do not guarantee a similar outcome; every case depends on its own facts. “No fee unless we recover for you” refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases. Privacy Policy · Disclaimer · Terms
