What Is the Average Settlement for A Wrongful Death Case in Georgia?
The amount that a wrongful death claim will settle for depends on liability, comparative fault and the evidence before the court. One key legal difference between how damages are determined in Georgia and other states is the way that damages are calculated for wrongful death.
Wrongful death damages in Georgia are based upon the loss suffered by the person killed, rather than the loss suffered by those left behind. This is called the ‘full value of life’. This includes not just the income potential of the deceased during his/her lifetime, but also the value of the deceased person’s life itself.
Selecting an attorney is important, since it is up to either the judge or jury to decide what amount represents the full value of life of the person killed. This updated September 2026 guide explores five Georgia firms families frequently compare when a wrongful death claim is on the table, evaluated on the same aspects.
Wetherington Law Firm
Eligibility/Who can sue: The firm uses Georgia’s statutory priority scheme (surviving spouse, children, parents, or estate representative) to determine who may pursue the wrongful death claim.
Statute of limitations: Georgia limits recovery of wrongful death damages to two years after the date of death. However, Wetherington notes that this time period may be tolled in cases where there are concurrent criminal proceedings related to the same incident.
Types of underlying incidents: The firm focuses on fatal truck accidents along highways such as I-85 and I-285 as well as fatalities due to nursing home neglect and/or medical malpractice.
Damages categories: Full value of life, all reasonable and necessary expenses incurred prior to death (medical and funeral), and any additional pain and suffering experienced prior to death.
Survival action v. wrongful death: It is possible to pursue either a wrongful death claim or a survival action, the firm typically files both claims simultaneously. This allows them to pursue compensation for the loss as well as the decedent’s personal pain and suffering prior to death.
Contingency fee: The firm follows a contingency fee schedule. Clients do not have to pay anything unless the firm prevails on behalf of the client.
Settlement v trial: Unlike many other firms in Georgia, Wetherington is known for being willing to take cases to a jury verdict rather than simply settling each case. As a result, insurance companies tend to make larger settlement offers prior to trial.
Evidence required: Coroner’s reports, black box data, and federal trucking records are often used in fatal truck accident cases.
Comparative negligence: Under Georgia law, a plaintiff’s recovery may be reduced or eliminated entirely if they were at least 50% responsible for causing the harm that led to their injuries.
Insurance company negotiation tactics: The firm’s public messaging leans on its trial record as leverage. Insurance companies will offer bigger settlement amounts when they know that the matter is heading to court.
Case evaluation process: Free consultation, with the intake being handled by attorneys rather than non-legal staff.
Buckhead Law
Eligibility/Who can sue: Sues in the exact same order that is set by statute: spouse, children, parents, and the estate representative.
Statute of limitations: Cites the two year standard statute of limitations and notes that there are shorter notice periods for claims against governmental entities.
Types of underlying incidents: Handles auto/truck accident cases, premises liability and general personal injuries or wrongful death in its area of coverage.
Damages categories: The firm focuses on the recovery of economic loss and pain and suffering and has limited information available about their punitive damage recoveries (punitive damages must be recovered separately from a wrongful death claim).
Survival action v. wrongful death: In terms of their website they have taken a personal injury approach to describing how their attorneys handle cases. They do not provide detailed descriptions of how each type of claim would proceed through the legal system.
Contingency fee: There are no out-of-pocket fees, no hourly billing and no financial risk to the client.
Settlement v. trial: The firm described themselves as primarily focused on settlement, with the ability to take a case to court if necessary. This description is consistent with how many general injury firms located in multiple cities describe their business practices.
Evidence required: The standard documents are required including police reports, medical records and witness statements.
Comparative negligence: Applies the 50% bar the same as every other firm on this list as it is state law and not firm policy.
Insurance company negotiation tactics: Leans on volume and long tenure in the state as negotiating credibility with adjusters who know the firm.
Case evaluation process: Free consultations advertised across all office locations.
Graham Scofield Injury Lawyers
Eligibility/Who can sue: Applies the standard hierarchy of spouses, children, parents, estate representative in Georgia, and provides a guide for families regarding who would be eligible for priority in the event of an argument over who can sue.
Statute of limitations: Uses the two year statute and indicates the criminal tolling exception for DUI related and/or homicide related wrongful death.
Types of underlying incidents: Includes car, truck and motorcycle accidents, medical malpractice and violent crime cases.
Damage categories: Seeks full value of life as well as estate side claims for funeral expenses and pre-death medical bills.
Survival action v wrongful death: Both types of claims are filed where applicable, typical for a wrongful death attorney Atlanta handling fatal accident cases.
Contingency fee: Fees vary from 33% to 45% based upon the stage of the case, which is consistent with Georgia contingency fee ranges. No out-of-pocket costs at the onset of the case. The firm has a five star rating on Trust Index.
Settlement v trial: States that it will not accept a lowball settlement offer and is ready to litigate although its trial results have not been made available to the public as much as those of the largest firms on this list.
Evidence required: Standard documents such as police reports, expert testimony, and accident reconstruction reports in contested fault cases are required.
Comparative negligence: Applies the 50% bar rule and explains it to clients as part of the case evaluation process.
Insurance company negotiation tactics: Scofield’s defense-side background is its edge. The firm uses its knowledge of how insurance companies evaluate claims to counter their offers.
Case evaluation process: Free, confidential consultation, with clients working directly with attorneys rather than an appointed case manager.
Griffin Durham Tanner Clarkson
Eligibility/Who can sue: The same statutory priority order that exists throughout Georgia will be followed, no matter in what region of Georgia your case is filed.
Statute of limitations: Two years from date of death, however, there are exceptions for governmental defendants and when there is an ongoing criminal investigation or prosecution.
Types of underlying incidents: Claims related to accidents occurring along coastal Georgia (maritime and ports) and typical car, truck and liability claims.
Damage categories: Claimants may pursue full value of loss of life, including estate actions for medical and burial expenses as applicable statewide.
Survival action v wrongful death: Where factual support exists, both survival action and wrongful death claims will be pursued by the firm. This is also true for most other Georgia law firms.
Contingency fee: The firm works on a contingency fee basis but has very little information about how they break down fees. Clients need to enquire about the contingency fee structure upfront.
Settlement v. trial: Smaller firms have few attorneys. Therefore, the attorney assigned to your case from the beginning will likely remain on your case until trial. Some family members prefer this type of representation.
Evidence required: Police and incident reports, medical records, and expert testimony are necessary where liability is disputed.
Comparative negligence: As with all of the firms listed, comparative negligence is subject to the same 50% bar threshold.
Insurance company negotiation tactics: Practical knowledge of the Courts in Chatham County and the surrounding coastal circuit provides a negotiating advantage over insurance companies for this firm.
Case evaluation process: Consultation-based intake typical of smaller litigation based boutiques.
Monge and Associates
Eligibility/Who can sue: Georgia’s standard hierarchy for eligibility to file suits exists across all of its in-state offices.
Statute of limitations: A two year statute of limitation applies uniformly across the state of Georgia and tracks the same method throughout its multiple office locations.
Types of underlying incidents: In addition to many car accidents and deaths involving trucks and ride-sharing services the firm also highlights wrongful death suits for asbestos exposure.
Damage categories: The firm pursues the maximum possible amount for damages related to loss of life, medical and funeral expenses, and has successfully pursued substantial damages in cases where insurance companies have made low settlement offers.
Survival action v wrongful death: As part of their routine procedure, the firm files both survival actions and wrongful death claims regarding fatal injury cases.
Contingency fee: The contingent fee used by this firm provides for a 30-day period during which a client may choose to terminate representation at no cost whatsoever.
Settlement v trial process: Published data demonstrating the firm’s success rate indicates that the firm regularly rejects lower settlements offered prior to litigation and aggressively pursues a higher damage award.
Evidence required: Uses expert testimony and almost every instance, particularly in determining timeframes for asbestos-related exposures and in reviewing work histories to support wrongful death claims.
Comparative negligence: Georgia firms apply the comparative negligence bar of 50%, and since this firm operates in multiple jurisdictions, its attorneys are well-versed in how comparative negligence rules differ among each jurisdiction.
Insurance company negotiation tactics: Given the size of the firm, it has considerable leverage when negotiating with national insurers. However, the size will often have clients dealing with a case manager rather than the attorney assigned to their case.
Case evaluation process: Free consultation meetings are scheduled via phone or video conferencing. Additionally, the firm expanded its intake procedures to include several cities within the state of Georgia.
Summary Comparison Table
| Firm | Fee Structure | Known For | Best For | Limitation |
| Wetherington Law Firm | Contingency, no fee unless you win | Major verdicts and settlements | Large corporate or trucking defendants | Bigger caseload means less time with lead attorney |
| Buckhead Law | Contingency, no upfront cost | Decades of Georgia practice across multiple offices | Families wanting local reach | Marketing-driven branding makes it harder to verify track records. |
| Graham Scofield Injury Lawyers | Contingency, 33% to 45% depending on stage | High rating across client reviews | Families who want direct access to one attorney | Single-office firm |
| Griffin Durham Tanner Clarkson | Contingency | Boutique trial practice firm | Coastal Georgia cases needing local court familiarity | Limited public case-result data |
| Monge & Associates | Contingency, 30 days exit policy | 30-day satisfaction guarantee | Clients who want a large, multi-state firm | High case volume across multiple states |
Frequently Asked Questions
How is wrongful death settlement calculated in Georgia?
A jury or insurance adjuster weighs the decedent’s projected lifetime earnings, discounted to present value, and an intangible figure for the value of the life itself. Estate-side costs like medical bills and funeral expenses get added separately.
Is there a cap on wrongful death damages in Georgia?
There is no cap on the total value of the decedent’s life. There is a $250,000 cap on punitive damage awards but it will not apply to DUI cases or when a defendant acted with specific intent to harm. Punitive damages need to be recovered separately.
How long does a wrongful death claim take to settle in Georgia?
Straightforward liability cases can resolve in months, contested or litigated cases often run one to two years, and complex corporate or medical malpractice claims can take longer.
Conclusion
The Problem: Maximizing a wrongful death claim in Georgia requires dealing with the state’s ‘Full Value of Life’ metric against well-funded defendants.
Key Takeaways: Georgia law firms differ sharply in trial readiness, attorney accessibility, and regional focus, all of which directly impact settlement size.
Next Steps:
- Schedule free consultations with multiple firms to compare fee structures.
- Evaluate track records.
- Choose the right advocate for your family.