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by The Stoddard Firm - August 24th, 2026
When a family loses a loved one to another party’s negligence, the grief is immediate, but the legal clock does not pause. Georgia families searching for how to file a wrongful death lawsuit often need to identify the right plaintiff, meet strict deadlines, and build a case strong enough to survive a defense-driven trial system. At The Stoddard Firm, our wrongful death attorneys represent families across Atlanta and greater Georgia, working to hold negligent trucking companies, corporations, and property owners accountable after a devastating loss, and to help families understand exactly what the process ahead requires.
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Georgia allows families to bring two separate claims together, and filing both often builds the strongest case. The first is the wrongful death claim itself. Under O.C.G.A. § 51-4-2, the surviving spouse has the first right to file. If there is no spouse, the surviving children may file instead. If there is no spouse or child, the decedent’s parents can step in. When none of these relatives exist, a court-appointed estate representative may file on behalf of the next of kin.
The second claim belongs to the estate, and it covers different losses, such as funeral costs, medical bills from the decedent’s final catastrophic injury, and the pain endured before death. Because both claims often rely on the same evidence, an attorney typically files them together, since building one claim usually strengthens the other.
Families learning how to file a wrongful death lawsuit in Georgia can expect the process to follow a consistent sequence. An attorney typically moves through five steps:
Each step builds on the one before it. A complaint filed without solid evidence rarely survives a defense challenge, and a strong case filed after the deadline never reaches a jury at all.
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Georgia generally allows two years from the date of death to file suit under O.C.G.A. § 9-3-33, but that deadline is not always fixed. When the beneficiary is a minor, or the decedent was legally incapacitated, the filing period may run on a different schedule entirely; in other cases, timing rather than status governs. If the cause of death was not immediately discoverable, or if the at-fault party faces criminal charges, the two-year period may start later or pause until those proceedings are resolved, and a defendant who flees the state to dodge legal action faces a similar delay.
Government entities fall outside this framework and are subject to separate notice requirements under O.C.G.A. § 50-21-26 rather than the standard two-year rule. Because these exceptions are easy to miscalculate, an attorney should confirm the applicable deadline early.
Senate Bill 68 changed how Georgia courts handle wrongful death cases, and courts continue to apply these changes through 2026. Either side may now request a trial split into separate phases for liability, compensatory damages, and punitive damages, which can keep a jury from hearing the full scope of a loss until fault is decided. The law also allows the jury to consider both the medical costs originally billed and the medical costs actually paid by insurance if there is a difference in the two numbers.
Preparing for these rules requires more than knowing they exist. An experienced attorney works to anticipate how a defense team may use phase splitting and the medical billing rule, building a claim that accounts for both long before the case reaches trial.
Evidence disappears, witnesses forget details, and defense teams begin building their case immediately. The Stoddard Firm helps Georgia families understand how to file a wrongful death lawsuit and pursue full accountability against negligent trucking companies, corporations, and property owners. Call (470) 467-2200 today for a free case evaluation with a wrongful death lawyer.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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Matthew Stoddard and his staff are wonderful people. This law firm is a no complication type of place. They always answer the phone without the hassle of going through 30 different people and always return emails just as quick as they are received. Thank you gentlemen for everything y’all do.
I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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