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Personal Injury — Wrongful Death
Losing a loved one due to someone else's negligence or wrongful act is devastating. Georgia law provides surviving family members the right to pursue a wrongful death claim to seek justice and financial recovery. Attorney Brent Sherota handles these sensitive cases with compassion and tenacity.
Governing Statute
O.C.G.A. § 51-4-2
Statute of Limitations
2 Years
Primary Claimant
Surviving Spouse
Fee Structure
Contingency — No Win, No Fee
Under O.C.G.A. § 51-4-2, a wrongful death claim arises when a person's death is caused by the negligent, reckless, intentional, or criminal act of another party. Georgia law recognizes two separate and distinct claims that may arise from the same death:
O.C.G.A. § 51-4-2
Brought by surviving family members
Seeks compensation for the full value of the life of the deceased — including both economic and non-economic losses. This claim belongs to the surviving family, not the estate.
O.C.G.A. § 51-4-5
Brought by the estate of the deceased
Seeks compensation for the deceased's own losses before death — including medical expenses, funeral costs, pain and suffering experienced before death, and lost wages up to the date of death.
Georgia law establishes a strict priority order for who may bring a wrongful death claim. The right to file follows a hierarchy — if no person in a higher priority class exists or is able to file, the right passes to the next class:
| Priority | Claimant | Notes |
|---|---|---|
| 1 | Surviving Spouse | Has the exclusive right to bring the claim. If minor children exist, spouse holds the claim on behalf of all beneficiaries. |
| 2 | Surviving Children | If no surviving spouse, children may bring the claim jointly. Adult children may file independently. |
| 3 | Surviving Parents | If the deceased left no spouse or children, the parents may file the wrongful death claim. |
| 4 | Estate Administrator | If no spouse, children, or parents survive, the personal representative of the estate may bring the claim for the benefit of next of kin. |
Car, truck, motorcycle, and pedestrian collisions caused by negligent or reckless drivers.
Surgical errors, misdiagnosis, medication mistakes, or failure to treat a known condition.
Slip and falls, inadequate security, or hazardous conditions on another's property.
Construction site accidents, equipment failures, or employer negligence resulting in fatal injury.
Dangerous or defective consumer products, vehicles, or industrial equipment.
Homicide, assault, or other intentional acts — a civil wrongful death claim can proceed independently of any criminal case.
Georgia law allows recovery for the "full value of the life" of the deceased — a broad standard that encompasses both economic and non-economic losses. Damages are divided between the wrongful death claim and the estate claim:
| Damage Type | Description |
|---|---|
| Lost Future Earnings | Projected lifetime income the deceased would have earned |
| Lost Benefits | Retirement, pension, health insurance, and other employment benefits |
| Lost Services | Household services, childcare, and other contributions to the family |
| Lost Companionship | Loss of love, care, guidance, and society (non-economic) |
| Lost Consortium | Spousal loss of companionship and intimate relations |
| Parental Guidance | Value of parental guidance lost by surviving minor children |
| Damage Type | Description |
|---|---|
| Medical Expenses | All medical costs incurred from the injury to the date of death |
| Funeral & Burial Costs | Reasonable funeral, burial, or cremation expenses |
| Pre-Death Pain & Suffering | Physical and emotional suffering experienced before death |
| Lost Wages (Pre-Death) | Income lost from the date of injury to the date of death |
| Property Damage | Damage to the deceased's personal property (e.g., vehicle) |
| Punitive Damages | Available in cases of willful, wanton, or malicious conduct |
| Deadline | Timeframe | Authority |
|---|---|---|
| General Wrongful Death SOL | 2 years from date of death | O.C.G.A. § 9-3-33 |
| Medical Malpractice Wrongful Death | 2 years from date of death; 5-year statute of repose | O.C.G.A. § 9-3-71 |
| Government Entity (GTCA) | Ante litem notice within 12 months; suit within 2 years | O.C.G.A. § 50-21-26 |
| Minor Beneficiary Tolling | SOL tolled until minor turns 18, then 2 years to file | O.C.G.A. § 9-3-90 |
| Criminal Act — Civil Claim | 2 years; may be tolled while criminal case is pending | O.C.G.A. § 9-3-99 |
| Evidence Preservation | Immediately — secure vehicles, records, surveillance footage | Best practice |
Missing the deadline is fatal to your claim. Georgia courts strictly enforce the statute of limitations. If you miss the filing deadline, you permanently lose the right to recover — regardless of how strong your case is. Contact Sherota Law immediately.
Defendants often argue the deceased was partially at fault. Under Georgia's modified comparative negligence rule, your recovery is reduced by the deceased's percentage of fault — but only barred if fault exceeds 50%. We build evidence to minimize any fault attributed to your loved one.
Insurers claim the death was caused by a pre-existing medical condition, not the defendant's actions. We work with medical experts to establish the causal link between the defendant's conduct and your loved one's death.
Defendants argue their actions did not cause the death. We retain accident reconstruction experts, medical examiners, and other specialists to establish a clear chain of causation.
Insurance companies use actuarial formulas to minimize the 'value of life' calculation. We use forensic economists, vocational experts, and life-care planners to present the full scope of your loss.
Defendants may argue the claim was filed too late. We act quickly to file within all applicable deadlines and preserve tolling arguments where available (e.g., minor beneficiaries, criminal proceedings).
Government entities and certain employers may claim immunity. We navigate the Georgia Tort Claims Act and workers' compensation exclusivity rules to identify all available avenues of recovery.
No fee unless we win. Let us handle the legal battle while you focus on healing.
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Your Attorney
Attorney Brent Sherota has spent over 10 years in private practice representing families who have lost loved ones due to the negligence of others. He understands that no amount of money can replace a life — but holding wrongdoers accountable provides justice and financial security for surviving families. Brent handles wrongful death cases on a contingency fee basis, meaning you pay nothing unless he recovers compensation for you.
Learn more about Brent Sherota →