Georgia Wrongful Death Settlement Calculator
O.C.G.A. §9-3-33 — 2 years from the date of death. Tiered standing: spouse, then children, then the estate. No statutory cap on contingency fees, only a reasonableness standard.
Who can bring a Georgia wrongful death claim, and how long do you have? The surviving spouse sues first, then the decedent's children, and only then the estate. The general deadline is 2 years from the date of death under O.C.G.A. §9-3-33 — though claims against a city or the state carry far shorter notice windows.
⚖ O.C.G.A. §9-3-33: 2 years from the date of death. Spouse sues first, then children, then the estate. No statutory cap on attorney contingency fees.
Su lesión
Su Acuerdo Estimado
$36,000 — $66,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 3.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor · Last updated
Georgia Wrongful Death — Deadlines and Who May Sue
Georgia has no wrongful-death-specific statute of limitations. Courts apply the general 2-year period for “injuries to the person” under O.C.G.A. §9-3-33: “actions for injuries to the person shall be brought within two years after the right of action accrues.” The wrongful-death right of action, created by O.C.G.A. §51-4-2, is for “homicide,” defined by O.C.G.A. §51-4-1 as cases “in which the death of a human being results.” Because the claim is defined around the death, it cannot accrue before the death occurs — the 2-year clock starts on the date of death, not the underlying accident.
If the death arose from medical malpractice, O.C.G.A. §9-3-71 supplies the same 2-year period, running from the date of injury or death, under an absolute 5-year statute of repose measured from the negligent act — not the death. ⚠ Government claims run on separate, shorter clocks: a claim against a Georgia municipal corporation requires ante litem notice within 6 months of the event (O.C.G.A. §36-33-5); a claim against the State of Georgia requires notice within 12 months of discovery (O.C.G.A. §50-21-26). Missing either can bar the claim even though the 2-year suit deadline has not run out.
Standing is tiered under O.C.G.A. §§51-4-2, 51-4-5: “The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence.” The spouse controls the claim even where children survive; absent a spouse, the children — minor or adult — sue directly; only where neither survives does the estate's administrator sue, for the next of kin. Georgia sets no statutory cap on the attorney's fee — only a reasonableness standard under Ga. R. Prof. Cond. 1.5(a). The 25% limit some have heard of applies only to workers' compensation with Board approval.
Georgia Wrongful Death FAQs
Who can file a wrongful death claim in Georgia?
Tiered standing: the spouse sues first and controls the claim even if children survive. Absent a spouse, the child or children — minor or adult — sue directly for “the full value of the life of the decedent.” Only if neither survives does the estate sue, for the next of kin. O.C.G.A. §§51-4-2, 51-4-5.
How long do I have to file a Georgia wrongful death claim?
Two years from the date of death. Georgia has no wrongful-death-specific statute; courts apply the general 2-year “injuries to the person” period under O.C.G.A. §9-3-33. Because the claim is defined around the death, it cannot accrue before death occurs.
Does the deadline change for a medical malpractice death?
Still 2 years, but under O.C.G.A. §9-3-71, running from the date of injury or death. An absolute 5-year statute of repose from the negligent act can also cut off a claim, independent of the 2-year window.
What if the death involved a Georgia city or state government?
Separate, shorter notice deadlines apply, independent of the 2-year suit deadline: ante litem notice within 6 months of the event for a municipal corporation (O.C.G.A. §36-33-5), within 12 months of discovery for the State of Georgia (O.C.G.A. §50-21-26).
When exactly does the 2-year clock start running?
At the date of death, not the underlying accident. The right of action under O.C.G.A. §51-4-2 is a claim for “homicide,” defined by O.C.G.A. §51-4-1 as cases “in which the death of a human being results” — it cannot accrue before death occurs.
What can heirs recover under Georgia's wrongful death statute?
The qualifying survivor may recover “the full value of the life of the decedent, as shown by the evidence” (O.C.G.A. §51-4-2). The sources reviewed for this page do not itemize damage categories further.
Is there a cap on the attorney's contingency fee?
No. Georgia sets no statutory percentage cap for a wrongful-death contingency fee — the standard is reasonableness under Ga. R. Prof. Cond. 1.5(a). The 25% cap under O.C.G.A. §34-9-108(a) applies only to workers' compensation with Board approval.
What happens if there's no surviving spouse or children?
The administrator or executor of the estate brings the action, for the benefit of the next of kin. This tier applies only where the decedent left neither a surviving spouse nor child. O.C.G.A. §§51-4-2, 51-4-5.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Georgia
Each Georgia calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Georgia verdict data where available.