Wrongful Death

Fighting for Families When Tragedy Changes Everything

Atlanta Wrongful Death Lawyer

At the Law Office of Raina Spencer, LLC, we know no lawsuit can replace the life of your loved one. But taking legal action can bring stability to your family, hold negligent parties accountable, and provide financial relief when the future feels uncertain.

As an Atlanta wrongful death lawyer, we guide grieving families with compassion, clarity, and determination. Our role is to handle the legal burdens while you focus on healing.

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Georgia’s Wrongful Death Laws and Deadlines

In Georgia, families can recover the “full value of the life” of a loved one. That means not only the income they would have earned, but also the love, guidance, and companionship they provided every day.

Separate from that, medical bills and funeral costs are typically handled through the estate’s claim. Both pieces matter, and both can make a difference in how your family moves forward.

The deadline is usually two years from the date of death, but it can pause if a related criminal case is pending. Missing these time limits can cost your family the chance to recover. An Atlanta wrongful death lawyer will make sure deadlines are met while you focus on grieving and healing.

When You Should Call a Wrongful Death Attorney

You should reach out immediately if:

  • The death was caused by reckless driving, unsafe premises, or defective products.
  • A healthcare provider’s negligence or medical error contributed to your family member’s passing.
  • A worksite accident, unsafe equipment, or employer negligence led to the fatal injury.
  • The at-fault party’s insurance company is refusing to pay or delaying your claim.
  • You are uncertain what compensation your family may be entitled to under Georgia law.

How an Atlanta Wrongful Death Lawyer Supports Families

1

Offer compassionate guidance

We listen carefully and give you space to grieve while we handle the case.

2

Answer your questions

From court filings to damages, we explain in plain language so nothing feels overwhelming.

3

Protect your family’s rights

We make sure deadlines are met and insurers don’t take advantage of your situation.

4

Advocate with persistence

Whether negotiating or preparing for trial, we push for results that honor your loved one’s life.

5

Stand beside you

We remain available to update, reassure, and support you throughout the process.

The Steps in a Wrongful Death Claim

1

Initial case review

You share what happened. We explain Georgia’s wrongful death law and whether a claim is possible.

2

Investigation and evidence

We gather accident reports, medical documents, witness testimony, and expert opinions to strengthen your case.

3

Filing and negotiation

We file the claim, calculate damages, and negotiate with insurers or opposing counsel for fair compensation.

4

Court proceedings if needed

If settlement is inadequate, we prepare for trial and present evidence on your family’s behalf.

5

Resolution and recovery

Successful outcomes may provide compensation for financial support, medical costs, and loss of companionship.

Types of Wrongful Death Cases I Handle

Fatal motor vehicle crashes
Fatal motor vehicle crashes (cars, trucks, motorcycles, or rideshare collisions).
Medical malpractice
Medical malpractice leading to preventable loss of life.
Dangerous property conditions
Dangerous property conditions causing fatal falls or injuries.
Worksite accidents
Worksite accidents and industrial fatalities.
Defective products
Defective products leading to unexpected death.
Nursing home neglect
Nursing home neglect or abuse resulting in loss of life.

Take the Next Step With an Atlanta Wrongful Death Lawyer

My role is to protect your family’s interests and pursue justice after an unimaginable loss. You should not carry this weight alone.

If you’ve lost a loved one because of negligence, we will guide you through your options, and stand beside you through every stage of the case.

Frequently Asked Questions

Atlanta Wrongful Death FAQs:

Who can file a wrongful death claim in Atlanta?
Under Georgia law, the right to file begins with the surviving spouse. If there are minor children, the spouse must also represent their interests in the claim. If no spouse survives, the children may file directly. When there are no surviving spouse or children, the right passes to the parents of the deceased.
Finally, if none of these family members are alive, the personal representative of the estate can pursue the claim on behalf of the next of kin. This order of priority is strictly enforced under Georgia’s wrongful death statute, so it is important to know where your family stands.
How long do I have to file a wrongful death lawsuit in Atlanta?
The statute of limitations in Georgia for wrongful death cases is usually two years from the date of death. However, certain factors can extend or pause this deadline. For example, if there is a related criminal case, such as a DUI prosecution, the civil statute may be tolled until the criminal matter is resolved, for up to six years.
In other circumstances, estate administration issues or government involvement can also affect timing. Because deadlines are strict, waiting too long can prevent your family from recovering compensation. An Atlanta wrongful death lawyer can confirm exactly how much time you have to act.
What damages can be recovered in a wrongful death case?
Damages in a wrongful death claim are based on the “full value of the life” of the deceased. This includes both economic value, such as lost wages, benefits, and future earning capacity, and non-economic value, like companionship, guidance, and shared experiences. In addition, separate claims through the estate may recover medical bills and funeral expenses.
Every case is different, and the exact damages depend on the deceased’s age, income, health, and family circumstances. These damages are meant to help replace financial support while also recognizing the emotional loss families experience.
How is a wrongful death claim different from a survival action?
Although they are closely related, wrongful death claims and survival actions are legally distinct in Georgia. A wrongful death claim allows family members to recover the full value of their loved one’s life as measured from the family’s perspective.
A survival action, on the other hand, belongs to the deceased person’s estate and focuses on what the victim could have recovered if they had survived, such as medical expenses, lost income before death, and pain and suffering. Families often pursue both claims together to capture the complete range of damages available under Georgia law.
How much does hiring an Atlanta wrongful death attorney cost?
At the Law Office of Raina Spencer, LLC, we work on a contingency fee basis. That means there are no upfront costs and no hourly bills to worry about. Instead, my fee is a percentage of the compensation we recover, whether through settlement or trial. If we do not win your case, you owe nothing for attorney’s fees.
We also cover many of the initial expenses needed to build a case, such as investigations, expert witnesses, and court filings. This approach allows families to pursue justice and accountability without financial pressure at an already difficult time.

Atlanta Personal Injury Attorney

Contact Info

Hours: M-F 9am-5pm • weekends closed
(404) 446-9212
raina@rspencerlawfirm.com

Office Address

3355 Lenox Road Suite 750 Atlanta, GA 30326