Georgia Wrongful Death Lawyer – Gregory Stuck, Esq.

The Full Value of the Life

Georgia measures a wrongful death recovery differently from almost every other state. Under O.C.G.A. 51-4-2, the survivors recover the full value of the life of the person who was lost, as shown by the evidence, measured from that person’s own perspective. That includes what they would have earned, and it includes the intangible worth of the life itself: the years, the relationships, the experience of living. Presenting that value with the seriousness it deserves is the heart of a Georgia death case.

Who Brings the Claim

The surviving spouse brings the action, and when sharing the recovery with children the spouse receives no less than one third. If there is no spouse, the children bring it; parents may recover where there is neither. Separately, the estate recovers funeral and medical expenses and the decedent’s own pre-death pain and suffering. Coordinating the wrongful death claim and the estate claim correctly changes the total recovery.

Two Years, and Evidence Moves Faster

The claim generally must be filed within two years, with government defendants requiring notice far sooner. Vehicles get salvaged, scenes change, and witnesses scatter long before any deadline arrives. Early investigation is not optional in a death case.

No Caps, and a Changed Landscape

Georgia does not cap compensatory damages; the state Supreme Court held in Atlanta Oculoplastic Surgery v. Nestlehutt that such caps violate the constitutional right to trial by jury. The 2025 tort reforms changed how damages are argued and proven, which makes disciplined trial preparation matter more, not less. The authorities are collected in the Georgia Law Reference.

Talk to Us

Gregory Stuck is admitted in Georgia. The consultation is free and the conversation is confidential. Call (407) 630-8692.