Georgia
Dedicated Wrongful Death Lawyers in Georgia
Losing a loved one to another party’s negligence is an unbearable tragedy. Grieving families face profound heartbreak alongside sudden financial strain—from funeral costs to lost household income. At Lamar Law Office, LLC, we know no financial award replaces someone you love. Yet holding wrongdoers accountable under Georgia law provides vital financial stability and justice.
Led by founding attorney Anita M. Lamar and Director of Litigation Stephen Shea, our team provides compassionate advocacy across Greater Atlanta. We live by our firm motto: Legalcare™—More Than Legal Services… We Care. We handle every case with dignity, fighting to hold negligent parties accountable.
Understanding Your Rights
What Qualifies as Wrongful Death Under Georgia Law?
Under Georgia law (O.C.G.A. § 51-4-1), a wrongful death occurs when someone dies due to the negligent, reckless, or intentional conduct of another party. While personal injury claims compensate injured victims, a wrongful death claim allows families to seek justice when their loved one cannot speak for themselves.
Common wrongful death claims we handle include:
- Commercial Truck Crashes: Fatal collisions involving 18-wheelers, driver fatigue, or federal safety violations.
- Motor Vehicle Collisions: Fatal crashes caused by speeding, distraction, or impaired driving with uncapped punitive damages (O.C.G.A. § 51-12-5.1).
- Pedestrian & Motorcycle Accidents: Fatal impacts where vulnerable road users are struck by negligent drivers.
- Negligent Security: Fatal shootings or assaults at commercial venues and apartments lacking security.
- Nursing Home Neglect: Fatal falls, sepsis, or medical neglect in elder care facilities.
Lamar Law Office moves quickly to preserve evidence and identify all liable parties and insurance policies.
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Priority: Compassionate Legalcare™ for Families
How Lamar Law Office Protects Your Family
Dealing with aggressive insurance adjusters while grieving is exhausting. Insurers often move rapidly to dispute fault or pressure families into low settlements before the full impact of their loss is understood.
When you work with our wrongful death lawyers in Georgia, we shield you from insurer tactics and manage every legal demand:
- Independent Investigation: We gather police reports, witness statements, and safety records to prove liability.
- Identifying All Insurance Coverage: We locate every available commercial, personal liability, umbrella, and UM/UIM policy to maximize recovery.
- Full Value of Life Assessment: We calculate lost financial support alongside the irreplaceable value of your loved one’s companionship.
- Courtroom Strength: With over 750+ lawsuits filed and $20,000,000+ recovered, insurers know we prepare every case to win at trial.
Who Can File a Wrongful Death Claim in Georgia?
Georgia law strictly dictates who has legal standing to file a wrongful death lawsuit under a statutory hierarchy (O.C.G.A. § 51-4-2):
- Surviving Spouse: Holds the primary right to file for themselves and surviving children, receiving at least one-third of the recovery.
- Surviving Children: If there is no spouse, children file and share equally in proceeds.
- Surviving Parents: If the decedent had no spouse or children, surviving parents file (O.C.G.A. § 51-4-4).
- Estate Administrator: If no immediate relatives survive, the estate representative brings the claim for next of kin (O.C.G.A. § 51-4-5).
The Two Claims: Wrongful Death vs. Estate Claim
Georgia recognizes two distinct claims following a fatal incident:
- Wrongful Death Claim: Brought by family beneficiaries to recover the full value of the life from the decedent’s perspective, including financial support and companionship. Damages pass directly to family members, protected from estate creditors.
- Estate Claim: Brought by the estate administrator to recover direct losses, including medical bills from the fatal injury, funeral costs, conscious pain and suffering before passing, and punitive damages.
Georgia Statute of Limitations
Under O.C.G.A. § 9-3-33, wrongful death claims must be filed within two years from the date of death. Missing this deadline bars your right to recovery. Deadlines may be paused if criminal charges are pending (O.C.G.A. § 9-3-99) or if an estate is unrepresented. Because evidence vanishes quickly, consulting an attorney early is vital.
When Negligence Takes a Life, We Build the Case Your Family Needs
Wrongful death claims grow out of many kinds of negligence. Fatal crashes involving 18-wheelers are handled by our truck accident lawyers, and impaired-driving fatalities by our drunk driving accident attorneys. When negligence causes fatal harm in medical care, our medical malpractice lawyers pursue the statutory expert-review process Georgia requires. Families facing catastrophic, survivable injuries should also talk with our brain injury lawyers about life-care planning before a claim is filed.
What Our Clients Say
Thank you for representing me and handling my case so efficiently & professionally! The settlement is much more than I expected.
- K Barnett
I am highly recommended Lawyer Lamar to anyone who’s involved in a car accident. She handles the case with professionalism and makes sure you get your car fixed and get pay for your medical compensation
- Gnanzou Tahi
This law firm is on point and truly looks out for their respective client.
- Michael Stephens
Attorney Lamar is professional and kind. She is always willing to lend a helping hand. She also holds her own in the court room.
- Ashlee Lewis
I’m extremely pleased. I received the max compensation for a car accident that wasn’t my fault. Mrs. Lamar’s team was very responsive, kept me involved in the entire process and I receive the maximum amount that the insurance company offered for my injuries and damages.
- Brittney Hickey
Attorney Lamar and her team have been totally awesome from day one. I don't always have to call them they call me to check on me. I totally would recommend them to anyone. Excellent service!
- Arinitra Chandler
Attorney Lamar was recommended by a family member and she definitely lived up to their recommendation. My accident happened in the worst time of my life and it was very stressful with having to be off from work and going to therapy. Anita and the team were very professional and kept me in the loop with EVERYTHING.
- Neshia S
I have to give Attorney Anita Lamar outstanding praise. I have never had an Attorney that was as attentive to my concerns and case as Mrs. Lamar was.
- Albert Dye
I am so happy that I had The Lamar Law Firm on my side after my accident. Attorney Lamar and her entire staff were nothing but pleasant, professional and diligent in handling my case. I was given a thorough explanation about each stage and regular updates on the status of my case.
- Lisamarie Bristol
Attorney Lamar and her Amazing Team are so very professional, knowledgeable, caring and they communicate extremely well with you every step of the process! Attorney Lamar actually calls you herself to discuss details and she is also available for you to call her as well.
- Rae'Kheal Dawkins
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More Than Legal Services
We Care
At Lamar Law Office, LLC, our commitment to Legalcare™ means we treat you with genuine compassion, keep you informed, and fight tirelessly for your family’s future.
We handle wrongful death claims on a contingency fee basis—no upfront costs and no out-of-pocket expenses. We only receive payment if we recover compensation for you. Contact Lamar Law Office today for a free consultation.
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Frequently Asked Questions
Under Georgia law, the surviving spouse files first. If there is no spouse, children file. If neither exists, parents bring the claim. Otherwise, the estate administrator files for next of kin.
Georgia evaluates life value from the decedent's perspective without caps. It combines economic damages (lifetime earnings) with non-economic damages (companionship and parental guidance).
Under Georgia's comparative fault law (O.C.G.A. § 51-12-33), families can recover damages if their loved one was under 50% responsible. Compensation is reduced by their fault share.
Negotiated claims may resolve in months, while complex commercial litigation or trials take one to two years. We focus on securing full financial recovery rather than settling prematurely.
We work on a contingency fee basis with zero upfront fees. We advance all litigation expenses, and you pay nothing unless we win compensation for your family.
Our Office in Tucker, Georgia
Located at 4500 Hugh Howell Rd. in Tucker, Lamar Law Office serves grieving families across Greater Atlanta. If travel is difficult, our team provides free in-home, hospital, or virtual case reviews.