There is no average wrongful death settlement in Georgia, because the law measures each case by the full value of the life of the person who died (O.C.G.A. § 51-4-2). That value includes what the person would have earned and the value of the life itself to the person who lived it, and a jury decides it. A separate claim brought by the estate can recover medical and funeral expenses (O.C.G.A. § 51-4-5). In practice, the insurance and assets available often decide how much a family can collect.
If you lost a family member in a crash, you can speak directly with attorney Jonathan Flack at (678) 653-0309 for a free consultation. You owe no fee and no case costs unless we recover money for you.
Who We Help
Flack Injury Law represents people in Georgia who were hurt in a crash someone else caused, including car, truck, rideshare, delivery vehicle, medical transport van, motorcycle, bicycle and pedestrian crashes, and families after a fatal crash.
We do not defend people who are being sued, and we do not handle property-damage-only, slip and fall or workplace claims. If no one was hurt and your dispute is with your own insurance company over damage to your car, that is not the kind of case we handle. If you were hurt and have an offer or release in front of you, get a free release review before you sign.
Key Georgia facts
- The wrongful death claim is for 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 personal living expenses the person would have had are not subtracted from that value (O.C.G.A. § 51-4-1).
- The estate can bring a separate claim for medical and funeral expenses (O.C.G.A. § 51-4-5).
- The spouse and children share the wrongful death recovery, and the spouse receives at least one third (O.C.G.A. § 51-4-2(d)).
- If the person who died shared fault, the recovery is reduced, and 50 percent or more bars it (O.C.G.A. § 51-12-33).
- Most wrongful death lawsuits must be filed within two years of the death (O.C.G.A. § 9-3-33).
How Georgia Measures the Full Value of a Life
Georgia is different from many states. The jury does not ask what the family lost. It asks what the life was worth to the person who died. That value has two parts.
| Part of the value | What it includes |
|---|---|
| Economic value | The income and benefits the person would likely have earned over a lifetime, along with the value of household services. Personal living expenses are not subtracted. |
| Intangible value | The value of living itself, including time with family, experiences and everything the person would have enjoyed. There is no formula, and a jury decides it. |
Because the intangible part has no formula, two families with similar losses can see very different results. Age, health, family relationships and how the person lived all shape how a jury sees the case.
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.
What Else Decides the Value of a Wrongful Death Case?
- Fault. Clear proof that the other driver or company caused the crash raises the value.
- Insurance and assets. A crash with a commercial truck or a company vehicle usually has more coverage than a crash with a single driver. See wrongful death after a truck accident.
- The other driver’s conduct. Drunk or reckless driving can change how a case is valued and negotiated. Read about punitive damages after a drunk driving crash.
- The estate claim. Medical bills and funeral costs are claimed separately by the estate and add to what the family may recover.
- Liens. Hospital, Medicare and Medicaid liens may need to be paid from the recovery. See hospital liens in Georgia.
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Who Receives the Money?
The value of a case and who receives the money are separate questions. In Georgia, the spouse and children share the wrongful death recovery, with the spouse receiving at least one third. If there is no spouse or child, the parents or the estate may bring the claim. Our guide on how a wrongful death settlement is divided in Georgia explains each situation.
How SB 68 Affects Wrongful Death Cases
Georgia’s 2025 tort reform law, SB 68, applies to wrongful death cases as well as injury cases. It changed how damages can be argued at trial and, for crashes on or after April 21, 2025, how medical expenses are proven. Our guide to SB 68 explains which rules apply to your case.
A Wrongful Death Result From Flack Injury Law
This is an example of a wrongful death case the firm has resolved. Every case is different, and prior results do not guarantee a similar outcome.
- $425,000: Wrongful Death in Oconee County
See all case results, or learn how we help families on our Atlanta wrongful death attorney page.
Wrongful Death Settlement Questions
There is no reliable average. Georgia measures each case by the full value of the life of the person who died, and the insurance and assets available often limit what can be collected.
It is the value of the life to the person who died. It includes lost earnings and benefits and the intangible value of living, without subtracting personal living expenses (O.C.G.A. §§ 51-4-1 and 51-4-2).
No. Funeral and medical expenses are recovered through a separate claim brought by the estate (O.C.G.A. § 51-4-5).
The spouse files first, and the children share the recovery. If there is no spouse or child, the parents or the estate may bring the claim.
Most wrongful death lawsuits must be filed within two years of the death (O.C.G.A. § 9-3-33). Some situations change that deadline, so it is best to ask a lawyer early.
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Related Guides
- Atlanta Wrongful Death Attorney
- How Is a Wrongful Death Settlement Divided in Georgia?
- Wrongful Death After a Truck Accident in Georgia
- Wrongful Death and Catastrophic Injury in Medical Transport Crashes
- What Is a Truck Accident Case Worth in Georgia?
- How to Choose a Wrongful Death Lawyer in Georgia
See all our guides for people hurt in Georgia crashes.
This article is general information about Georgia law, not legal advice for any specific situation. Laws change and outcomes depend on facts particular to each case. Reading this page or contacting Flack Injury Law through this website does not create an attorney-client relationship. Do not send confidential information until an attorney-client relationship has been established.