How to Choose a Wrongful Death Lawyer in Georgia: Questions to Ask Before You Sign

To choose a wrongful death lawyer in Georgia, ask every firm the same practical questions and compare the answers. A fatal crash usually creates two claims held by different people, deadlines that can shift, and court steps when a child shares the recovery. The questions below work for any firm, including ours.

We are very sorry for your loss. You do not have to decide anything today, but some evidence and deadlines do not wait, so it helps to talk with a lawyer early.

Key Georgia facts

• The surviving spouse brings the wrongful death claim first and shares the recovery with the children, but always receives at least one-third (O.C.G.A. § 51-4-2).
• If there is no spouse or child, the parents may bring the claim (O.C.G.A. § 19-7-1(c)). If there are no parents either, the estate’s representative brings it (O.C.G.A. § 51-4-5).
• A separate estate claim covers medical and funeral costs and the person’s pain and suffering before death (O.C.G.A. §§ 51-4-5(b) and 9-2-41).
• Most wrongful death lawsuits must be filed within two years of the death (O.C.G.A. § 9-3-33).
• When minor children bring the claim without a surviving spouse, the settlement needs court approval (O.C.G.A. §§ 51-4-2(b)(3) and 29-3-3).

The Short List: Questions to Ask Any Wrongful Death Lawyer

Bring these to every consultation and write down the answers.

1. Who in our family holds the claim, and does an estate need to be opened?
2. Will you handle both the wrongful death claim and the estate claim?
3. Will the lawyer I meet today be the one working on our case?
4. How will you investigate the crash and preserve the evidence?
5. How will a minor child’s share be handled?
6. What deadlines apply to our family, and does a criminal case change them?
7. What is your fee, and how are case costs handled if we lose?
8. Can I check your license and discipline history?

1. Who Holds the Claim, and Does an Estate Need to Be Opened?

A good lawyer answers this in the first meeting. Georgia law sets the order: the surviving spouse first, sharing with the children, then the parents if there is no spouse or child, and then the estate (O.C.G.A. §§ 51-4-2, 19-7-1(c) and 51-4-5). The estate claim needs a personal representative, so the lawyer should tell you whether someone must be appointed in probate court. Our guide on how a wrongful death settlement is divided in Georgia explains each situation.

Written by attorney Jonathan Flack. Before founding Flack Injury Law, Jonathan spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. Super Lawyers Rising Star (2024 to 2027). The National Trial Lawyers Top 40 Under 40, Civil Plaintiff (2026). GTLA member. Last reviewed: November 5, 2026.

2. Will They Handle Both Claims?

The wrongful death claim recovers the full value of the life of the person who died, measured from that person’s point of view (O.C.G.A. § 51-4-2). The estate claim recovers medical and funeral expenses (O.C.G.A. § 51-4-5(b)) and the person’s own injury claim, such as pain and suffering before death (O.C.G.A. § 9-2-41). Ask whether the lawyer will pursue both and how settlement papers will show what is paid on each claim, because the money can go to different people. Read what a wrongful death case is worth in Georgia.

3. Is the Lawyer You Meet the One Who Works Your Case?

Ask directly who will handle your case day to day. At some firms, the person you meet may not be the person who talks to your family, reviews the evidence or negotiates with the insurer. Neither model is wrong, but a grieving family should know which one it is signing up for. Ask who returns calls and how quickly.

4. How Will They Investigate and Preserve the Evidence?

Ask what the lawyer will do in the first weeks. A good answer covers the crash report, photos and video, witness statements, and the vehicles and their electronic data. If a commercial truck was involved, some company records can be lawfully discarded quickly, so ask how soon the lawyer will send a preservation letter. See what evidence a trucking company has to keep after a crash and wrongful death after a truck accident.

5. How Will a Minor Child’s Share Be Handled?

If a surviving spouse brings the claim, the spouse may settle without a court order but must hold each child’s share and account for it (O.C.G.A. § 51-4-2(c)). If there is no surviving spouse and minor children bring the claim, the guardian or next friend must obtain court approval of the settlement, and a conservator may be required (O.C.G.A. §§ 51-4-2(b)(3) and 29-3-3). Ask the lawyer to explain these steps for your family. Our guide to settling an injury claim for a child in Georgia explains court approval.

6. What Deadlines Apply, and Does a Criminal Case Change Them?

Most wrongful death lawsuits must be filed within two years of the death (O.C.G.A. § 9-3-33). For the estate claim, the time between the death and the appointment of a representative is not counted, up to five years (O.C.G.A. § 9-3-92). A pending criminal case may not pause the family’s deadline (Hicks v. Universal Health Services, Ga. Ct. App. 2022). Ask the lawyer to put your deadlines in writing.

7. Fees and Case Costs: Get It in Writing

Many wrongful death lawyers work on a contingency fee, meaning the fee is a percentage of any recovery. Georgia’s lawyer ethics rules require a contingent fee agreement to be in writing. It must state the method for calculating the fee, including the percentage for settlement, trial or appeal. It must also list the expenses that will be deducted and whether they come out before or after the fee is calculated (Georgia Rule of Professional Conduct 1.5(c)(1)).

A lawyer may advance case costs, and repayment may depend on the outcome (Rule 1.8(e)). Ask plainly: “If we recover nothing, do we owe you anything?” At the end of the case, the lawyer must give you a written statement of the outcome. If there is a recovery, it must show your share, how it was determined and the fee (Rule 1.5(c)(2)).

8. Check Their License and Discipline History

You can confirm a lawyer’s status yourself on the State Bar of Georgia’s online Member Directory, which the Bar says is updated daily. The Bar’s Recent Attorney Discipline page lists discipline from the last six months and points to the Member Directory for older orders. The Membership Department can also be reached at 404-527-8777.

Red Flags to Watch For

• Someone you don’t know contacts your family to recommend a lawyer. Georgia law makes it a crime to act as a paid “capper,” “runner” or “steerer” who finds clients for a lawyer, and for a lawyer to pay one (O.C.G.A. § 33-24-53(c)). Starting January 1, 2027, the ban moves to O.C.G.A. § 33-1-9.2.
• Pressure to sign right away, including at the hospital or around the funeral.
• A promised dollar amount before anyone has reviewed the evidence.
• Vague answers about fees or costs, or no written fee agreement.
• An insurer asking a family member to sign a release before the family knows who holds the claim. You can get a free release review first.

How Jonathan Flack Answers These Questions

Here is how our firm answers the same list. Jonathan Flack has been licensed in Georgia since 2016. Before founding the firm, he spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. He keeps a limited caseload and works directly on every case, so a grieving family deals with one lawyer who knows the file.

He is prepared to file suit when an insurer won’t pay fair value. The consultation is free, and you owe no fee and no case costs unless the firm recovers money. One example: $425,000: Wrongful Death in Oconee County. Prior results do not guarantee a similar outcome. See more case results and our Atlanta wrongful death attorney page.

Frequently Asked Questions

Sources

These are the primary sources we cite. Laws change, so check the current version or ask a lawyer.

• O.C.G.A. § 51-4-2 (Justia, 2025 Georgia Code)
• O.C.G.A. § 51-4-5 (Justia, 2025 Georgia Code)
• O.C.G.A. § 19-7-1 (Justia, 2025 Georgia Code)
• O.C.G.A. § 9-2-41 (Justia, 2025 Georgia Code)
• O.C.G.A. § 9-3-33 (Justia, 2025 Georgia Code)
• O.C.G.A. § 9-3-92 (Justia, 2025 Georgia Code)
• O.C.G.A. § 29-3-3 (Justia, 2025 Georgia Code)
• O.C.G.A. § 33-24-53 (Justia, 2025 Georgia Code)
• Hicks v. Universal Health Services (Ga. Ct. App., June 17, 2022)
• Georgia Rule of Professional Conduct 1.5 (State Bar of Georgia)
• Georgia Rule of Professional Conduct 1.8 (State Bar of Georgia)
• State Bar of Georgia Member Directory
• Recent Attorney Discipline (State Bar of Georgia)

Related Guides

• Atlanta Wrongful Death Attorney
• What Is a Wrongful Death Case Worth in Georgia?
• How Is a Wrongful Death Settlement Divided in Georgia?
• How to Choose a Truck Accident Lawyer in Georgia
• How Long Do You Have to File a Claim After an Accident in Georgia

See all our guides for people hurt in Georgia crashes.