Wrongful Death Lawyer Atlanta
Losing a loved one due to another’s negligence is a devastating experience that leaves families searching for answers. At Lampariello Law, we are here to support you during this difficult time. Our wrongful death lawyer helps Atlanta families pursue justice and financial compensation for their loss. From funeral expenses to loss of companionship, we work tirelessly to hold negligent parties accountable. You don’t have to face this alone. Call Lampariello Law at 404-609-0597 for a free consultation and speak with a compassionate wrongful death lawyer who will fight for your family’s future.
How Long Do You Have to File a Wrongful Death Claim in Atlanta?
Losing a family member because of another person’s careless or intentional act leaves grieving relatives with sudden financial burdens and legal questions. One of the first questions many Atlanta families ask is how much time they have to bring a wrongful death case. In Georgia, strict filing deadlines apply. Missing those deadlines usually means losing the right to seek compensation in court.
The General Two-Year Statute of Limitations
Under Georgia law, most wrongful death lawsuits must be filed within two years from the date of death. That period is set by O.C.G.A. § 9-3-33, the same statute that governs injury claims. Once two years pass, a court will normally dismiss the lawsuit, no matter how strong the evidence may be.
When the Clock Pauses (Tolling Rules)
There are limited circumstances that can pause, or “toll,” this two-year clock:
- Criminal Proceedings
If the death resulted from a crime—such as DUI homicide or assault—the civil deadline is paused while the criminal case is pending, for up to six years. Once the criminal matter ends, any remaining portion of the two-year period resumes. - Estate Administration Delay
Georgia gives a family up to five years to open an estate for the decedent. The wrongful death statute of limitations does not run during that five-year window if no estate representative is available. Once an administrator or executor is appointed, the two-year period starts or resumes. - Minor Beneficiaries
A minor child cannot file a lawsuit on their own. If a surviving parent does not file on the child’s behalf, the two-year period begins when the child turns 18. That extension applies only to the child’s portion of damages, not to other beneficiaries. - Mental Incapacity
If the person entitled to bring the lawsuit is mentally incapacitated, the time limit may be tolled until capacity is restored. This situation is rare but recognized under Georgia law.
Why Filing Early Usually Makes Sense
While tolling provisions offer breathing room, relying on them is risky. Evidence can disappear. Witness memories fade. Video footage may be erased within weeks of the incident. By moving promptly, families give their legal team time to:
- Secure surveillance recordings and dispatch logs
- Retrieve cell-phone data and vehicle black-box information
- Interview first responders while details are fresh
- Preserve financial and medical records that prove damages
Filing early also reduces the chance that defendants will challenge a claim as untimely, which can stall or derail negotiations.
Who Has the Right to File and When
Georgia’s wrongful death statute sets an order of priority for bringing a claim:
- Surviving spouse
- Children (if no spouse)
- Parents (if no spouse or children)
- Personal representative of the estate
The two-year countdown applies no matter which relative files first. If eligible relatives choose not to act, the personal representative may file after a reasonable time to protect the estate’s interests.
Claims Against Government Entities
If the at-fault party is a city, county, or state agency—such as MARTA, GDOT, or a municipal employee—families must give ante-litem notice before filing suit. Deadlines are short:
- Six months for claims against municipalities
- Twelve months for claims against the State of Georgia
These notices must include specific details about the claim and are separate from the two-year lawsuit period. Failing to send proper notice can bar the claim entirely.
Insurance Deadlines
Insurance policies sometimes require prompt notice of a potential claim—30, 60, or 90 days after the incident. While these contractual limits do not override Georgia’s statute of limitations, missing them can create coverage disputes. Families should notify all potential insurance carriers as soon as possible, even if a lawsuit is still months away.
Steps Families Should Take Immediately
- Gather Key Documents
Obtain the death certificate, police reports, medical examiner findings, and any accident reports. These establish the cause of death and help pinpoint the filing deadline. - Open an Estate (if needed)
If the decedent left no will naming an executor, the probate court can appoint a personal representative. This step is often necessary to collect evidence and pursue claims on behalf of the estate. - Preserve Evidence
Keep all photos, text messages, social-media posts, and medical bills. Store them in both digital and hard-copy formats. - Consult an Attorney Early
An Atlanta wrongful-death lawyer can track multiple deadlines, send evidence-preservation letters, and start investigating before information disappears.
What Happens If the Deadline Is Missed
Courts rarely allow late filings. Defendants typically file a motion to dismiss, citing the statute of limitations. Judges almost always grant these motions unless a valid tolling exception applies. That dismissal usually ends any chance of financial recovery through litigation.
Frequently Asked Questions
What if we are still waiting on a police investigation?
You can file a civil lawsuit during an ongoing investigation. If criminal charges follow, the civil case may pause until the criminal matter concludes, but the filing preserves your rights.
Can we settle with insurance without filing a lawsuit?
Yes, insurers may settle before litigation. However, the two-year deadline still matters. If talks stall and the period expires, leverage is lost. Many attorneys file suit while negotiations continue.
Does the statute of limitations apply to wrongful-death and estate claims separately?
Yes. Georgia recognizes two related actions: the wrongful-death claim (for the value of the decedent’s life) and the estate claim (for medical costs, funeral expenses, and pain and suffering before death). Both share the two-year period, but tolling rules can apply differently.
Why an Estate Representative Matters
When a family member dies because of someone else’s negligence, Georgia law recognizes two potential civil claims. The first claim seeks the “full value of the life” of the person who died. The second claim belongs to the deceased person’s estate and covers medical bills, funeral costs, pain, and any other losses the individual suffered between injury and death. An estate representative—also called an executor, administrator, or personal representative—plays a crucial part in that second claim. Understanding how this role works can help grieving families protect their legal rights and avoid unnecessary conflict.
Two Claims, One Tragedy
Georgia treats wrongful death differently from most injury cases because there are often two separate lawsuits:
- Wrongful death claim – Filed by the surviving spouse, children, or parents. It seeks damages for the value of the life lost.
- Estate claim – Filed by the estate representative. It seeks costs tied directly to the deceased person, such as last medical expenses, funeral charges, and any conscious pain the person experienced before death.
The same accident can trigger both actions, but Georgia courts require each to be brought by the proper party. If the estate has no appointed representative, the wrongful death case can stall or leave money unclaimed.
Who Can Serve as Estate Representative
If the deceased left a valid will, that document usually names an executor. Probate court issues “letters testamentary,” giving that person legal authority to act. If there is no will, the probate court appoints an administrator, often a spouse or adult child. In either scenario, the court’s paperwork is essential. Without those letters, banks and insurance companies will refuse to release funds, and attorneys cannot file an estate claim on behalf of the family.
Key Responsibilities
Collecting assets – The representative identifies and secures property owned by the deceased, from real estate to bank accounts to personal items.
Opening a probate case – In most situations, the representative must file the will or a petition for administration in the county where the deceased lived.
Hiring counsel – Because wrongful death and estate claims can overlap, the representative should promptly retain an attorney experienced in both personal injury and probate matters.
Coordinating with survivors – Georgia law divides any recovery between heirs. The representative must keep beneficiaries informed, provide inventories, and handle distributions according to the probate court’s rules.
Pursuing legal claims – With the attorney’s help, the representative gathers evidence, signs court papers, attends depositions, and makes settlement decisions for the estate portion.
Paying expenses and debts – Final medical bills, funeral costs, and legitimate creditor claims come out of estate funds before heirs receive their share.
Reporting to the court – Annual accountings or final settlement statements show how money was collected and distributed.
How the Estate Representative Works with Wrongful Death Beneficiaries
It is common for the surviving spouse to serve as both wrongful death plaintiff and estate administrator. Yet that is not always possible. Sometimes a spouse is incapacitated, or parents disagree about legal strategies. When conflicts arise, the probate court may appoint a neutral third party or co-administrator to prevent disputes.
Communication reduces friction. Regular updates about settlement offers, litigation progress, and anticipated expenses keep everyone aligned. A personal representative who ignores beneficiaries can be removed by the court for breach of duty.
Settlement Approval and Distribution
Georgia judges often require probate approval before a wrongful death settlement becomes final, even when the parties agree on terms. The representative files a petition describing:
- Settlement amount
- Proposed division between the wrongful death claim and estate claim
- Fees for attorneys and litigation expenses
- How remaining funds will be disbursed among heirs and creditors
The court reviews this information to ensure fairness, especially if minor children or incapacitated adults are beneficiaries. Judges may order structured settlements or trusts to safeguard a child’s inheritance.
Choosing the Right Person for the Job
Serving as estate representative demands time, organization, and emotional resilience. The ideal candidate:
- Lives in Georgia or can travel easily for court dates and attorney meetings
- Understands basic finances and record-keeping
- Communicates openly with siblings, stepparents, or other heirs
- Can separate grief from legal decision-making
When no family member fits those criteria, hiring a professional fiduciary or attorney to act as administrator can preserve family relationships and ensure deadlines are met.
Common Pitfalls
Delay in opening probate – Waiting months to secure letters of administration can risk evidence loss or missed legal deadlines. Georgia’s two-year statute of limitations for wrongful death and estate claims keeps running regardless of grief or family discussions.
Commingling funds – Depositing settlement checks into a personal account breaks fiduciary rules. Estate representatives must use separate, court-approved bank accounts.
Ignoring tax obligations – Estates may owe final income taxes or property taxes. Failing to pay can lead to penalties that deplete heirs’ shares.
Lack of transparency – Silence breeds suspicion. Written updates and shared documentation head off challenges from beneficiaries.
How an Attorney Helps the Estate Representative
A lawyer experienced in Georgia wrongful death litigation and probate procedure guides the representative through each phase:
- Filing the probate petition and obtaining letters testamentary
- Issuing preservation letters to defendants to secure evidence
- Coordinating with forensic experts, medical providers, and economists
- Drafting settlement petitions for court approval
- Negotiating with hospitals and insurers to reduce liens before distribution
- Preparing the final accounting for probate court closure
Because wrongful death firms usually work on contingency, the estate pays no legal fees unless a recovery occurs. That arrangement eases the financial strain of upfront costs.
The estate representative stands at the center of a Georgia wrongful death case, bridging probate requirements and civil litigation demands. Properly appointed and well-informed, this individual safeguards the deceased person’s rights, pays legitimate debts, and ensures that any remaining funds reach the heirs the law intends.
Honor Their Memory with a Wrongful Death Attorney Who Cares
Losing a loved one is never easy, especially when their death was preventable. At Lampariello Law, we stand beside Atlanta families during their most difficult moments. Our wrongful death attorney is here to help you seek justice, financial support, and accountability. While no amount of money can replace a life, a legal claim can provide closure and protect your family’s future. Let us help you navigate this painful journey with compassion and strength. Contact Lampariello Law at 404-609-0597 today for a free consultation with a trusted wrongful death attorney.
