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The Adebayo Law Firm

Wrongful Death

Black Wrongful Death Lawyer in Atlanta, GA

Losing someone you love because of another person's negligence is a loss no family should have to carry alone. The Adebayo Law Firm helps families across metro Atlanta hold the responsible party accountable, with the care and patience this moment deserves.

Reviewed by Colin Adebayo, Attorney at Law. Last updated .

An Atlanta Wrongful Death Lawyer Who Treats Your Family Like Family

Nothing can undo what happened or replace the person you lost. A wrongful death claim can't do that either. What it can do is hold the person or company responsible accountable, answer questions about what happened, and provide financial security for the family left behind.

The Adebayo Law Firm represents families who have lost loved ones in car crashes, truck accidents, motorcycle crashes, rideshare accidents, falls, and other preventable incidents across metro Atlanta. We handle the investigation, the insurance companies, and the legal process. You set the pace for how involved you want to be, and we keep you informed every step of the way.

What Is a Wrongful Death Claim in Georgia?

A wrongful death claim is a civil lawsuit brought when a person dies because of someone else's negligent, reckless, or intentional conduct. In Georgia, if the person who died would have had a valid injury claim had they survived, their family can generally bring a wrongful death claim.

A wrongful death claim is separate from any criminal case. Even if the person responsible is never charged or is found not guilty, the family may still pursue a civil claim, which has a different standard of proof.

Who Has the Right to Bring a Claim

Georgia law sets out who has the right to bring a wrongful death claim, in this order:

  1. A surviving spouse. The spouse brings the claim and shares any recovery with the deceased person's children. The spouse receives at least one-third of the recovery.

  2. The children, if there is no surviving spouse.

  3. The parents, if there is no surviving spouse or children.

  4. The personal representative of the estate, if none of the above survive. Any recovery goes to the next of kin.

Family situations are often more complicated than a simple list. If you aren't sure who has the right to file, we can help you sort it out.

For a closer look at blended families, divorced parents, and other situations, read our guide on who can file a wrongful death claim in Georgia.

Two Claims: Wrongful Death and the Estate Claim

Georgia allows two separate claims after a wrongful death:

The Wrongful Death Claim

This claim seeks the full value of the life of the person who died. Georgia measures that value from the perspective of the person who passed away. It includes economic losses, like the income and benefits they would have earned over their lifetime, and the intangible value of their life, including their relationships, experiences, and everything they would have enjoyed in the years ahead.

The Estate Claim

The personal representative of the estate can bring a separate claim for losses the estate suffered, including medical bills from the final injury, funeral and burial expenses, and any pain and suffering the person experienced before they died.

We pursue both claims when they apply, so your family recovers everything Georgia law allows.

Common Causes of Wrongful Death

Many wrongful deaths come from the same kinds of preventable incidents we handle every day, including:

  • Car accidents, often caused by speeding, distraction, or impaired driving

  • Truck accidents, where the size of the vehicle makes crashes especially deadly

  • Motorcycle accidents, where riders have little protection

  • Pedestrian and cyclist accidents on busy metro Atlanta roads

  • Rideshare accidents involving Uber and Lyft drivers

  • Falls and unsafe property conditions

Whatever the cause, we investigate what happened and who is responsible, whether that's a driver, a company, a property owner, or more than one party.

How We Help Your Family

After a loss, the last thing you need is to deal with insurance adjusters and court deadlines. We take that weight off your shoulders. Our work includes:

  • Investigating what happened, including police reports, witness statements, video, and expert analysis when needed

  • Identifying every responsible party and every available insurance policy

  • Opening the estate, if necessary, so the estate claim can be filed

  • Documenting the full value of your loved one's life, including who they were and what they meant to the people around them

  • Handling all communication with insurance companies

  • Negotiating for a fair settlement, and taking the case to trial if one isn't offered

We move at a pace that respects your family's grief while protecting the deadlines that apply to your case.

Deadlines for Wrongful Death Claims in Georgia

In most cases, a wrongful death lawsuit must be filed within two years of the date of death. Certain circumstances, such as a pending criminal case or an estate that hasn't been opened yet, can pause or extend some deadlines, but these rules are complex and shouldn't be relied on without legal advice. Claims involving a government agency also have much shorter notice deadlines, sometimes six months.

Evidence can also fade over time. Even if you aren't ready to make decisions, a confidential conversation can help you understand your options and protect your family's rights.

Why Work With a Black Wrongful Death Lawyer

Grief is personal, and so is the decision about who you trust with your family's case. Many families tell us they feel more comfortable working with a lawyer who understands their community, their traditions, and what their loved one meant to the people around them. We take the time to learn who your loved one was, not just how they died. That understanding shapes how we present their life to insurance companies and juries, and it's how we honor them through the process.

Related Services

Car Accident Lawyer

Hurt as a driver or passenger? We handle the insurers and fight for full compensation.

Truck Accident Lawyer

Truck crashes involve federal rules and multiple companies. We move fast to preserve evidence.

Motorcycle Accident Lawyer

We push back on rider bias and hold careless drivers accountable.

Frequently Asked Questions

Who can file a wrongful death claim in Georgia?

A surviving spouse has the first right to file, followed by the children, then the parents. If none of them survive, the personal representative of the estate can file on behalf of the next of kin.

How long do I have to file a wrongful death claim in Georgia?

In most cases, you have two years from the date of death. Some circumstances can pause or extend that deadline, and claims against government agencies have much shorter notice deadlines, so it's best to speak with a lawyer early.

What does "full value of the life" mean?

It's how Georgia measures wrongful death damages. It includes the income your loved one would have earned and the intangible value of their life, including their relationships and the experiences they would have enjoyed, measured from their perspective.

What is the difference between a wrongful death claim and an estate claim?

The wrongful death claim seeks the full value of the person's life and is brought by family members. The estate claim is brought by the estate's personal representative for medical bills, funeral costs, and the person's pain and suffering before death.

How is a wrongful death recovery divided?

When a spouse and children survive, they share the recovery, and the spouse receives at least one-third. In other situations, the recovery goes to the parents or to the next of kin through the estate.

Can we file a civil claim if there's a criminal case?

Yes. A wrongful death claim is separate from any criminal case and can move forward whether or not the person responsible is charged or convicted.

How much does it cost to talk to a wrongful death lawyer?

Your consultation is free, confidential, and comes with no obligation.

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