When someone you love dies because of another person’s carelessness, recklessness, or wrongdoing, the grief is overwhelming, and the questions come quickly.
Who is responsible? Can they be held accountable? What happens to your family now?
At Monge & Associates, our Atlanta personal injury lawyers have been standing beside grieving Georgia families and answering those questions since 1993. Our Atlanta wrongful death attorneys understand that no legal outcome can undo what has happened. What we can do is pursue every avenue of accountability and fight for the full compensation your family is owed under Georgia law.
If you’ve lost a loved one in Atlanta or anywhere in Georgia, contact our wrongful death lawyers today for a free, confidential consultation. You pay nothing unless we win.
Speak With An Atlanta Wrongful Death Lawyer
Why Georgia Families Choose Monge & Associates for Wrongful Death Cases
Wrongful death cases are among the most legally complex and emotionally difficult claims in personal injury law. The stakes are enormous, the opposition is well-funded, and grieving families cannot afford to gamble on inexperience.
Here is what families across Atlanta should know about our firm:
Scott Monge — Founding Attorney, Monge & Associates
Scott Monge built this firm on a principle he calls the Platinum Rule: treat every client the way you would want your own family treated during the hardest moment of their lives. What began as a one-person office in Atlanta in 1993 has grown into a firm with more than 100 legal advocates, recognized by Trial Magazine as one of the Most Influential Law Firms in America.
Scott has won cases at the trial court, appeals court, and Georgia Supreme Court levels. He has published a free consumer book, “Secrets to Win Your Injury Case”, and his firm has been featured on ABC, NBC, CBS, CNN, FOX, and endorsed by Emmy Award-winning consumer investigator Dale Cardwell.
Read Scott Monge’s Full Biography →
Representing the injured since 1993 | State Bar of Georgia | Avvo 10/10 | J.D. cum laude, Southern Illinois University School of Law
30+ Years of Georgia Wrongful Death Experience
Since 1993, our Atlanta wrongful death lawyers have handled wrongful death cases involving car accidents, truck accidents, workplace fatalities, premises liability, and more. We know Georgia’s wrongful death statutes and how to apply them.
Over $1 Billion Recovered for Injured Clients
Our firm has recovered over $1 billion for injured clients and grieving families across the United States. We have fought and won cases against major corporations, insurance carriers, negligent employers, and reckless individuals.
Trial-Ready in Every Case
Insurance companies know which law firms will take a case all the way to trial and which ones will settle cheaply to avoid the courtroom. We build every wrongful death case for trial from day one. That reputation forces better settlements and better outcomes.
No Fees Unless We Win
Our firm works exclusively on a contingency fee basis. You pay nothing up front, and you owe us nothing if we do not recover compensation for your family. Your free consultation is always confidential.
Recognized by Trial Magazine as One of the Most Influential Law Firms in America
awards & accolades
Notable Wrongful Death Settlements & Recoveries
Dealing with a wrongful death in the family can be a traumatic experience for you and your loved ones. We know that no amount of money can ever replace the loss you’ve suffered. Our legal team always strives to hold the person or party responsible for your loss fully accountable, so that no other family is harmed by similar careless actions in the future.
We have secured numerous verdicts on behalf of those who have lost loved ones to negligence, including:
- $4,000,000 recovery for a wrongful death in which the victim was exposed to asbestos
- $2,500,000 recovery for the family of a child who drowned due to negligent pool maintenance
- $1,200,000 recovery for the wife of a victim killed in a motorcycle accident
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How Our Atlanta Wrongful Death Attorneys Handle Your Case
From the moment you contact our firm, we take over. Our team handles every aspect of your wrongful death claim while you focus on your family.
Immediate Investigation and Evidence Preservation
Evidence in wrongful death cases disappears fast, accident scenes are cleaned up, security footage is overwritten, and corporate records are quietly altered.
We move immediately to preserve what matters:
- Accident reconstruction data
- Surveillance footage
- Witness statements
- Medical records
- Employment records
- Any documentation of the defendant’s prior negligence
Time is not on your side, which is why we act on yours from day one.
Navigating Georgia’s Wrongful Death Filing Requirements
Georgia law imposes strict procedural requirements on wrongful death claims, including how and when the claim must be filed, who has standing to file, and how any recovery must be distributed among family members.
Our attorneys handle every legal filing, every deadline, and every court protocol on your behalf.
Building Your Case with Expert Support
Our wrongful death cases are built with the support of:
- Medical experts
- Forensic specialists
- Accident reconstruction professionals
- Economists
- Life expectancy analysts
These experts help establish liability, calculate the full value of the life lost, and present that value persuasively to insurance companies and juries.
Aggressive Negotiations Without Compromising Your Case
Corporate insurance carriers and defense teams have a simple goal: pay as little as possible. We represent your family’s interests exclusively.
We negotiate from a position of thorough preparation and trial readiness,which consistently produces better settlement outcomes than firms that treat negotiation as the finish line.
Trial Representation When Necessary
If a settlement offer does not reflect the true value of your loss, we take the case to trial. Our Atlanta wrongful death lawyers are experienced Georgia litigators who have argued before judges, juries, and appellate courts.
Insurance companies know our firm is willing to go to court, and that knowledge changes what they offer.
What Is Wrongful Death Under Georgia Law?
Under Georgia law (O.C.G.A. § 51-4-1), a wrongful death occurs when a person is killed due to the negligent, reckless, intentional, or criminal act of another person or entity. Georgia’s wrongful death statute gives surviving family members the right to pursue civil compensation separate from any criminal proceedings brought by the state.
The most common causes of wrongful death claims our Atlanta attorneys handle include:
- Car and truck accidents: drunk driving, distracted driving, commercial vehicle crashes, FMCSA violations, and uninsured driver accidents in Georgia
- Workplace fatalities: construction site accidents, falls, equipment malfunctions, and OSHA violations
- Premises liability: deaths caused by hazardous property conditions, negligent security, or defective equipment
- Defective products: dangerous medications, faulty vehicle components, or manufacturing defects
- Nursing home negligence: abuse, neglect, fall injuries, and failure to provide adequate care
- Pedestrian and bicycle accidents: fatal strikes caused by inattentive or speeding drivers
Regardless of the cause, the central legal question is the same: did another party’s conduct fall below an acceptable standard of care, and did that failure cause your loved one’s death? Our Atlanta wrongful death lawyers investigate aggressively to answer that question with evidence.
Who Can File a Wrongful Death Lawsuit in Georgia?
Georgia law (O.C.G.A. § 51-4-2) establishes a clear priority order for who is authorized to bring a wrongful death claim:
- Surviving spouse: the spouse has the primary right to file and is entitled to at least one-third of any recovery, regardless of how many children are involved.
- Children of the deceased: if there is no surviving spouse, the deceased’s children may bring the claim. Under O.C.G.A. § 51-4-2(d)(1), any recovery is divided equally among the surviving spouse and children.
- Parents of the deceased: if the deceased had no spouse or children, parents may file the claim. In cases involving minors, it is also vital to understand how Georgia childcare laws govern supervision and safety standards.
- Estate representative: if no spouse, children, or parents survive, the personal representative of the deceased’s estate may pursue the wrongful death claim.
The deceased’s estate also has a separate claim for pre-death pain and suffering, medical expenses incurred before death, and funeral costs. Our lawyers handle both claims simultaneously to maximize total recovery for your family.
Not Sure Who Can File? We’ll Walk You Through It
What Compensation Can Your Family Recover?
Georgia’s wrongful death statute defines the measure of recovery as “the full value of the life of the decedent” (O.C.G.A. § 51-4-2(a)). While no sum of money can replace the person you lost, Georgia law recognizes two distinct categories of loss:
Economic Value of Life
This covers the financial contributions your loved one would have made over a normal lifetime, including:
- Future income and earning capacity (calculated over a projected working life)
- The value of household services the deceased would have provided (home maintenance, childcare, caregiving)
- Benefits such as health insurance, retirement contributions, and other employment-related compensation
Non-Economic Value of the Life
These damages reflect what the deceased lost by not living a full life: experiences, relationships, and pleasures that cannot be expressed in dollars:
- The joy of watching children and grandchildren grow
- Personal relationships, companionship, and the bonds of family
- Life’s pleasures: hobbies, travel, milestones, and everyday moments
- The loss of guidance and mentorship for surviving children
Georgia juries are instructed to measure non-economic losses from the standpoint of what the victim was deprived of, not what the family lost.
Our Atlanta wrongful death attorneys work to bring your loved one’s life fully into focus for a jury, because juries that understand a person’s life understand what was taken.
Can Your Family Recover Punitive Damages?
In cases involving gross negligence, willful misconduct, or intentional harm, such as a drunk driver who caused a fatal crash, or a company that knowingly concealed a deadly defect, Georgia law (O.C.G.A. § 51-12-5.1) may allow for punitive damages.
These are designed to punish and deter particularly reckless conduct. Our attorneys evaluate every case for punitive damage eligibility, keeping in mind that recent Georgia Supreme Court rulings have expanded punitive damages beyond just drunk driving cases.
How Long Do You Have to File a Wrongful Death Claim in Georgia?
Under O.C.G.A. § 9-3-33, Georgia’s wrongful death statute of limitations is two years from the date of death. This is a hard deadline — with narrow exceptions, missing it permanently bars your family from pursuing compensation.
Key exceptions and nuances:
- If the defendant was criminally charged, the statute of limitations may be tolled (paused) during the criminal proceedings
- If a government entity (city, county, state) is involved, an ante litem notice may be required within as little as six months
- Claims involving minor children may follow different timing rules
Do not wait to learn which rules apply to your case. The earlier you contact an Atlanta wrongful death attorney, the more time we have to preserve evidence, identify all liable parties, and prepare the strongest possible claim.
Personal Injury vs. Wrongful Death
Although they share several key characteristics, a wrongful death claim is not quite the same as a personal injury claim. The two are similar in that they must demonstrate:
- That the party liable for an injury or death had a duty of care to the victim
- A negligent or willful act directly led to the injured party’s harm
- The death or injury of a loved one caused economic damages, non-economic damages, or a combination thereof to you and your family
The most significant difference between the two types of claims is that, in a wrongful death lawsuit, the victim has suffered fatal harm and is unable to pursue legal recourse themselves. In a personal injury claim, the victim may have suffered serious or life-threatening wounds but they physically survived the incident that caused them harm.
What Are Common Causes of Wrongful Death in Atlanta?
A wrongful death can be caused by a variety of circumstances, and each case is unique. But there are some common causes of wrongful death in Atlanta that require the expertise of an experienced attorney. Let’s take a closer look at a few of them:
- Car and Truck Accidents: Reckless driving, distracted driving, and drunk driving can result in devastating accidents that claim innocent lives. With Atlanta’s bustling roads, these car accidents unfortunately occur frequently. An attorney well-versed in wrongful death cases can help you pursue a claim against the responsible driver or other liable parties.
- Industrial or Construction Site Accidents: Workplaces can be dangerous, particularly in industries like construction. If your loved one died due to a workplace accident caused by negligence, it is crucial to consult a wrongful death lawyer who understands the complexities of workplace safety regulations and can fight for the compensation you deserve.
- Slip and Falls: Property owners have a responsibility to maintain safe premises for visitors. When they fail to do so, fatal slip and fall accidents can happen. Holding a negligent property owner accountable requires the expertise of a skilled Atlanta slip and fall attorney who knows how to navigate the premises liability laws in Georgia.
- Defective Products: Manufacturers must ensure the safety of their products. If a defective product causes the death of a loved one, a wrongful death lawyer can help you seek justice against the manufacturer or other parties involved in the product’s design, production, and distribution.
- Exposure to Toxicity: Exposure to hazardous substances, such as toxic chemicals or asbestos, can have severe health consequences, including wrongful death. An attorney experienced in toxic tort litigation can help you build a strong case against the responsible parties.
- Nursing Home Abuse or Neglect: Tragically, some nursing home residents suffer abuse or neglect at the hands of their caregivers. If your loved one’s death resulted from nursing home negligence, a compassionate wrongful death lawyer can help you protect the rights of the vulnerable and pursue compensation.
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Atlanta Wrongful Death FAQs
What is the difference between a wrongful death claim and a criminal case?
A wrongful death claim is a civil lawsuit brought by surviving family members to recover financial compensation. A criminal case is brought by the state to punish the responsible party through fines or imprisonment. Both can proceed simultaneously, a person can be acquitted in criminal court and still be found liable in a civil wrongful death case (the burden of proof is lower: “preponderance of the evidence” rather than “beyond a reasonable doubt”). Wrongful death compensation is unaffected by whether the responsible party faces criminal charges.
What if my loved one was partially at fault for the accident?
Georgia follows a modified comparative fault rule (O.C.G.A. § 51-12-33). Your family can still recover compensation as long as the deceased was found to be less than 50% at fault for the incident. If your loved one bore some responsibility, their percentage of fault reduces the total recovery proportionally. Our attorneys thoroughly investigate every case to minimize any fault attributed to the deceased and maximize the recovery available to your family.
How long does a wrongful death case take in Georgia?
Every case is different. Cases where liability is clear and the defendant cooperates may resolve in several months through negotiation. Complex cases, those involving disputed liability, multiple defendants, catastrophic losses, or insurance companies acting in bad faith, can take one to two years or longer, especially if litigation is necessary. Our attorneys will give you a realistic assessment based on your specific circumstances at your free consultation.
How much does it cost to hire an Atlanta wrongful death attorney?
Nothing upfront, and nothing unless we win. Monge & Associates works exclusively on a contingency fee basis. There are no upfront attorney fees, no hourly billing, and no out-of-pocket litigation costs. Our fee is a percentage of the compensation we recover for your family, and only after we successfully resolve your case. If we do not win, you owe us nothing.
Can we sue even if there is an ongoing criminal case?
Yes. Civil wrongful death claims and criminal proceedings are entirely separate legal processes. You do not need to wait for a criminal case to conclude before filing a civil claim. In fact, moving quickly on your civil claim allows your attorneys to preserve evidence and build your case while memories are fresh and documentation is available.
What if the responsible party has limited insurance coverage?
If the at-fault party’s insurance is insufficient to cover the full value of your loss, our attorneys investigate all potential avenues of recovery, including additional liable parties, umbrella policies, underinsured motorist coverage from the deceased’s own policy, and claims against employers or property owners whose negligence contributed to the death. We leave no potential source of compensation unexplored.
Contact an Atlanta Wrongful Death Lawyer at Monge & Associates
If you have lost someone because of another party’s negligence, recklessness, or misconduct, your family deserves experienced legal representation from attorneys who will fight for the full value of your loved one’s life.
Monge & Associates has been doing exactly that for Atlanta and Georgia families since 1993. We have recovered over $1 billion for injured clients and grieving families. We work exclusively on a contingency fee basis; no fees unless we win. And every consultation is free and completely confidential.
You don’t have to face this alone. Let us help.
Areas We Serve
We offer efficient legal services to residents and visitors of Atlanta and the surrounding communities, including areas such as:
Buckhead | Midtown | Virginia Highland | Inman Park | Old Fourth Ward | Grant Park | Ansley Park | West End | Kirkwood | Cabbagetown | Little Five Points | East Atlanta Village | Poncey-Highland | Atlantic Station | Reynoldstown | Castleberry Hill | Westview | Sweet Auburn | Oakland City | Mechanicsville | Morningside-Lenox Park | Brookwood Hills | Lakewood Heights | Edgewood | Pine Hills | Capitol View | Home Park | Adair Park | Ormewood Park | Underwood Hills
Atlanta Office:
8205 Dunwoody Place, Building 19
Atlanta, GA 30350
Local: (678) 535-3938