Trusted Atlanta Wrongful Death Lawyers | $1.9 Billion+ in Settlements & Verdicts

Thompson Law — The Lion of Atlanta Wrongful Death Cases

Lost a Loved One? We Fight for Justice and Maximum Compensation

Reviewed by: Phillip Hairston, Esq. — Atlanta Trial Attorney
Last updated: September 2025 • View attorney bio

Available 24/7 — Free Consultation, No Fees Unless We Win

Recognized by Super Lawyers® | Serving Atlanta Clients Statewide

At Thompson Law, The Lion of Atlanta Personal Injury, we’ve fought and won for injured clients across Georgia — recovering more than $1.9 billion in verdicts and settlements. Families in Atlanta and surrounding neighborhoods — from Buckhead and Midtown to Sandy Springs, Decatur, and East Point — trust us to stand up to powerful insurance companies and deliver results.

Whether you were hurt in a car crash on I-285, a truck accident on Peachtree Industrial, a motorcycle wreck downtown, or suffered the devastating loss of a loved one in a wrongful death claim, our attorneys know the local courts, laws, and roads that define your case.

Atlanta Office:

1201 Peachtree St NE, Unit 2200, Atlanta, GA 30361

Free Case Review 24/7:

(678) 981-9022

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When your future is on the line, you deserve more than promises. You deserve proven results. Contact Thompson Law today — and let The Lion of Atlanta fight for the justice you deserve.

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Awards & Accolades

Recognized by Super Lawyers®, National Trial Lawyers, and
AV-Preeminent peer ratings. Our national results are led by founding attorney
Ryan L. Thompson and brought to Georgia by our Atlanta trial team.

Best Lawyers 2026 – Ryan Thompson Best Lawyers 2026 – Thompson Law Super Lawyers 2024 Super Lawyers — 10 Years
Martindale-Hubbell AV Preeminent Multi-Million Dollar Advocates Forum The National Trial Lawyers — Top 100 The National Trial Lawyers — Top 40 Under 40
American Association for Justice Top 25 Motor Vehicle Trial Lawyers

What to Do After a Wrongful Death in Atlanta

Losing someone you love because of negligence or wrongdoing is devastating — but the steps you take next can protect your family’s future and strengthen your claim under the Georgia Wrongful Death Act (O.C.G.A. § 51-4-1). Here’s what our attorneys recommend:

  • Get emotional and practical support. Lean on trusted family, friends, or professional counselors to help with the immediate shock and decision-making.
  • Secure vital documents quickly. Request the death certificate, medical records, police reports, and accident documentation to clearly establish the cause of death.
  • Notify the proper authorities. If negligence, an accident, or suspicious circumstances were involved, contact the Atlanta Police Department or other relevant agencies right away.
  • Preserve evidence immediately. Collect and save photos, videos, damaged equipment, and witness statements before they are lost or destroyed.
  • Track every expense. Keep a record of funeral costs, hospital bills, lost income, and other financial impacts to maximize your claim for damages.
  • Be cautious with insurers. Do not discuss the case with insurance adjusters or accept quick settlement offers without first speaking to a lawyer — these offers are often far below full value.
  • Contact an Atlanta wrongful death attorney early. Acting quickly allows your lawyer to preserve evidence, consult experts, and file within Georgia’s strict deadlines (usually two years from the date of death, but exceptions apply).

Tip: If grief is preventing you from calling, ask a trusted family member to reach out on your behalf — every day matters when building a strong case.

At Thompson Law, we move fast to protect your family’s rights and start building a winning case.

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We’re available 24/7 to answer your questions and begin the fight for justice.

Statute of Limitations & Key Georgia Laws

Georgia law sets strict deadlines for wrongful death claims.
In most cases, you have two years from the date of death to file under
O.C.G.A. § 9-3-33.
However, this deadline can be paused (“tolled”) in certain situations — for example, if there is a pending criminal case related to the death.
Missing the deadline can permanently bar recovery, which is why acting quickly is crucial.

Georgia wrongful death statute of limitations infographic: 2 years from death, tolling possible during criminal proceedings, special rules for minors and estates.

Important exceptions

  • Criminal cases: The two-year clock is paused while a related criminal prosecution is pending.
  • Estate delays: The clock may pause until a personal representative is appointed (up to 5 years).
  • Government defendants: Special notice deadlines apply —
    6 months for city/county claims,
    12 months for state claims.
  • Minors / legally disabled: Time limits can be tolled until disability ends or the child turns 18.

Modified comparative negligence

Georgia uses a modified comparative fault rule
(O.C.G.A. § 51-12-33).
Your recovery is reduced by the percentage of fault assigned to the decedent — and barred entirely if they were 50% or more at fault.

Our attorneys use accident reconstruction, expert analysis, and investigative tools to push back against exaggerated fault claims by insurers.

Direct actions against insurers

In some cases — such as trucking accidents under Georgia’s motor carrier laws — we may be able to bring a direct claim against the defendant’s insurance carrier.
This strategy helps ensure all available coverage is pursued and keeps the pressure on insurers to pay full value.

Free case review — protect your deadline

Wrongful Death Statistics in Atlanta & Georgia

Understanding the scope of preventable deaths in Georgia highlights why wrongful death claims are so critical. Each year, thousands of families lose loved ones to accidents caused by negligence — from crashes on I-285 to workplace incidents and medical errors. Here’s what the data shows:

Traffic Fatalities in Georgia

According to the Georgia Governor’s Office of Highway Safety, there were 1,491 traffic fatalities statewide in 2019, with a fatality rate of
1.12 per 100 million vehicle miles traveled. Georgia ranks 4th in the nation for total fatalities, though its rate per miles traveled is closer to the national average.

Regional Trends in the Atlanta Metro

  • Atlanta Metro: Rising fatalities involving large trucks, bicyclists, and drivers over 65 years old.
  • Urban Regions: Increased motorcycle and speeding-related crashes.
  • Rural Regions: More motorcycle crashes and large truck collisions involving older drivers.

Medical Negligence

Medical errors remain a leading cause of preventable death nationwide, contributing to up to 300,000 deaths per year. In Georgia, these cases often give rise to wrongful death claims against hospitals, doctors, and other healthcare providers.

Flowers on a grave

Workplace & Occupational Fatalities

Preventable deaths aren’t limited to traffic. Workplace tragedies also take a heavy toll:

  • 209 fatal work injuries occurred in Georgia in 2022
    (BLS data), up from the previous year.
  • Historically, Georgia’s workplace fatalities have ranged from 101 (2012) to 249 (1994).

These numbers are more than statistics — they represent families whose lives were changed forever. At Thompson Law, we use this data to demonstrate patterns of negligence and strengthen our clients’ cases.

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Most Common Causes of Wrongful Death in Atlanta

Tragic events leave families overwhelmed with grief. Our attorneys handle the most frequent causes of wrongful death in Georgia and move quickly to preserve evidence, identify every liable party, and pursue full compensation.

Traffic Crashes

  • Car accidents — fatal collisions on corridors like I-285 and the Downtown Connector often involve high speeds and multi-vehicle impacts.
  • Trucking accidents — tractor-trailers and commercial vehicles raise issues of federal regs, black-box data, and corporate liability.
  • Motorcycle accidents — visibility, lane changes, and left-turn impacts are common fatal scenarios.
  • Pedestrian accidents — crosswalk and roadway design issues, impaired or distracted drivers, and inadequate lighting.

Premises & Recreational Incidents

  • Premises liability — dangerous property conditions and inadequate security.
  • Slip and falls — hazardous floors, poor maintenance, or code violations.
  • Dog attacks — negligent ownership or failure to restrain dangerous animals.
  • Swimming pool accidents — drowning risks, lack of supervision, or failed safety barriers.
  • ATV & amusement park accidents — defective equipment, negligent operation, or poor oversight.
  • Boating accidents — operator impairment, inattention, or unsafe vessel conditions.

Medical, Workplace & Intentional Misconduct

  • Medical malpractice — diagnostic errors, surgical mistakes, medication issues, and hospital negligence.
  • Workplace injuries — construction, industrial sites, and third-party contractor negligence.
  • Intentional acts — manslaughter, murder, and violent crimes causing death.

Each case demands a tailored strategy — from accident reconstruction and medical experts to corporate document subpoenas and insurance coverage analysis. We move quickly to identify every liable party and pursue the full value of your claim under Georgia law.

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At Thompson Law

Our attorneys fight diligently to secure maximum compensation for your loss. We’ll thoroughly investigate the case, gather critical evidence, and handle all negotiations, allowing you to focus on healing and remembrance.

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How We Assist in Wrongful Death Cases

This difficult time shouldn’t be made more complex by legal challenges. Here’s how our experienced wrongful death attorneys make the process easier for you:

  • Build a compelling case: We evaluate every piece of evidence and establish clear liability against all responsible parties.
  • Comprehensive investigation: Our team uncovers every detail surrounding your loved one’s death — from accident reconstruction to expert testimony.
  • Aggressive negotiation: We push back against insurance companies to demand fair settlements that reflect the full value of your claim.
  • Trial-ready representation: If negotiations fail, we are fully prepared to take your case to court and fight for justice before a jury.
  • Clear guidance: We break down complex legal matters and explain every step so you’re never left wondering what comes next.
  • Consistent communication: You’ll receive regular updates so you know exactly where your case stands at all times.

Our goal is simple — to support your family, remove the legal burden from your shoulders, and pursue the maximum compensation you deserve.

Young injured woman and lawyer in the courtroom - wrongful death lawyers in Atlanta

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Who Can File a Wrongful Death Claim in Georgia?

Georgia law specifies who may bring a wrongful death action for the “full value of the life” and who may bring related estate claims for medical, funeral, and pain-and-suffering damages (O.C.G.A. §§ 51-4-2, 51-4-4, 51-4-5; 19-7-1).

Priority Order (Most Cases)

  1. Surviving spouse — files the wrongful death claim and represents any minor children. Recovery is shared with the children, but the spouse receives no less than one-third of the total.
  2. Children (if no spouse) — adult or minor children may file and share equally.
  3. Parents (if no spouse or children) — a parent or parents may file under Georgia law.
  4. Personal representative of the estate (if no spouse, children, or parents) — the executor/administrator may file. The estate may also pursue survival claims for medical expenses, funeral costs, and the deceased’s pain and suffering (O.C.G.A. § 51-4-5).

Important: Georgia law does not automatically grant standing to domestic partners or siblings. Siblings typically cannot file unless appointed as the estate’s personal representative and there are no spouse, children, or parents.

Unsure who should file? Our attorneys can quickly determine eligibility, coordinate with the probate court when needed, and ensure all claims are filed correctly and on time.

Check Your Eligibility — Free Consultation

Determining Fault in a Wrongful Death Case in Atlanta

Atlanta follows a modified comparative fault rule. This means your family can still recover damages if your loved one was less than 50% at fault for the incident.

How Comparative Fault Affects Your Claim

  • If the decedent was 0–49% at fault, your family can recover damages, but the award is reduced by the percentage of fault. (Example: $1,000,000 award minus 20% fault = $800,000 recovery.)
  • If they were 50% or more at fault, Georgia law bars recovery completely.
  • Multiple parties can share fault — we identify all responsible individuals, businesses, and insurers to maximize your family’s compensation.

Wrongful death cases are rarely straightforward. They often involve multiple defendants, complex insurance policies, and disputes over liability percentages. Trying to handle this alone can cost your family significant compensation.

Our Atlanta wrongful death attorneys investigate every detail, preserve critical evidence, consult accident reconstruction experts, and negotiate aggressively with insurers to recover every dollar your family is entitled to under Georgia law.

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Determining Fault in a Georgia Wrongful Death Case

Atlanta follows a modified comparative fault rule. This means your family can still recover damages if your loved one was less than 50% at fault for the incident.

How Comparative Fault Affects Your Claim

  • If the decedent was 0–49% at fault, your family can recover damages, but the award is reduced by the percentage of fault. (Example: $1,000,000 award minus 20% fault = $800,000 recovery.)
  • If they were 50% or more at fault, Georgia law bars recovery completely.
  • Multiple parties can share fault — we identify all responsible individuals, businesses, and insurers to maximize your family’s compensation.

Wrongful death cases are rarely straightforward. They often involve multiple defendants, complex insurance policies, and disputes over liability percentages. Trying to handle this alone can cost your family significant compensation.

Our Atlanta wrongful death attorneys investigate every detail, preserve critical evidence, consult accident reconstruction experts, and negotiate aggressively with insurers to recover every dollar your family is entitled to under Georgia law.

Get a Free Case Review Today

Understanding Damages in Georgia Wrongful Death Cases

Wrongful death claims in Georgia typically involve two separate types of damages under state law:
survival damages and wrongful death damages.
Both are critical to ensuring your family receives full and fair compensation.

Survival Damages

These compensate for losses the deceased experienced between the time of injury and death, including:

  • Medical expenses for treatment before death
  • Lost wages during this period
  • Pain and suffering the deceased endured
  • Funeral and burial costs

Wrongful Death Damages

These focus on the losses suffered by surviving family members and aim to reflect the “full value of the life” of the person who passed away:

  • Loss of financial support (income, benefits)
  • Loss of companionship, guidance, and care
  • Emotional distress and grief
  • Loss of expected inheritance or contributions

Calculating these damages requires a skilled legal and financial analysis to capture both the economic and non-economic impact on your family. Our attorneys work with economists and experts to ensure no category of recovery is overlooked.

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What Factors Determine the Value of a Wrongful Death Claim?

Insurance companies and courts evaluate many factors when determining fair compensation for a wrongful death case. These considerations cover both economic (financial) and non-economic (emotional) losses.

  • Type & Severity of the Incident: Catastrophic events like truck crashes, workplace explosions, or medical malpractice often yield higher recoveries than minor incidents.
  • Occupation & Income: Courts consider the deceased’s current earnings, job stability, and expected future earnings.
  • Age & Health: A younger person in good health usually results in higher damages because of their longer projected life expectancy and earning potential.
  • Financial Support: The extent to which the decedent supported their family — including wages, benefits, and savings — directly impacts compensation.
  • Number of Dependents: Claims are typically higher when young children or dependent relatives relied on the decedent for care and financial support.
  • Community & Family Role: Loss of guidance, companionship, and contributions to the household are factored into non-economic damages.
  • Degree of Negligence: The clearer and more severe the negligence (e.g., drunk driving, reckless conduct), the stronger the case for full recovery.
  • Insurance Policy Limits: The defendant’s available coverage can cap potential compensation unless additional policies (umbrella, corporate, etc.) are identified.
  • Punitive Damages: In cases of extreme recklessness or intentional harm, Georgia courts may award punitive damages to punish the wrongdoer and deter similar conduct.
  • Legal & Jurisdictional Factors: Venue (urban vs. rural counties), prior jury verdicts, and state law all play a role in final case value.

Every wrongful death case is unique. Our attorneys collaborate with economists, vocational experts, and investigators to calculate the true impact of your loss and fight for the maximum compensation available.

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(844) 308-8180

Why Choose Thompson Law?

Why Atlanta Families Trust Thompson Law

Choosing the right legal team after a wrongful death is crucial. We combine compassionate support with proven results to help Atlanta families get justice and maximum compensation.

  • No Fees Unless We Win: You pay nothing upfront. We work on a contingency fee basis and only get paid if we recover compensation for your family.
  • Proven Results: Over $1.9 billion recovered in verdicts and settlements, including complex wrongful death cases.
  • Quick & Simple Sign-Up: Start your case from home — speak with a lawyer 24/7 and sign electronically from your phone or computer.
  • Available 24/7: Our team is ready around the clock to answer your questions and get to work.
  • Personalized Attention: Every case is unique. We keep you informed every step of the way and treat your family with care and respect.
  • Bilingual Support: Our Spanish-speaking staff ensures language is never a barrier to justice.

At Thompson Law, we handle everything — from investigating the incident and negotiating with insurers to preparing for trial if needed — so you can focus on healing and honoring your loved one.

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Meet Your Atlanta Bus Accident Attorney - Phillip Hairston

Meet Your Local Attorney

Phillip Hairston was born and raised in Stone Mountain and now lives in Atlanta.
A Georgia Tech graduate (Chemistry) with a J.D. from Washington University School of Law, Phillip
brings rare perspective: he defended corporations and general contractors early in his career —
insight he now uses to hold insurers and large companies accountable for Atlanta families.

Today, he represents victims of negligence in wrongful death, bus and trucking collisions,
car and motorcycle crashes, and serious injury cases. Whether your case involves MARTA, a school bus,
or a private charter, Phillip moves fast to preserve evidence, subpoena records, and maximize results.

Credentials & Memberships

  • Admitted in all Georgia state courts
  • U.S. District Court, Northern District of Georgia
  • U.S. District Court, Middle District of Georgia
  • Member, State Bar of Georgia
  • Member, Georgia Trial Lawyers Association (GTLA)


Learn more about Phillip and his results »

Phillip Hairston — Atlanta wrongful death & injury attorney

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Lost a Loved One in Atlanta or Nearby?

If your family is grieving a preventable loss in Buckhead, Midtown, Downtown Atlanta, Sandy Springs, Decatur, College Park, or East Point,
our Atlanta wrongful death attorneys are here 24/7. We know the local roads and courts—from the Downtown Connector and I-285 to Peachtree Street and Ponce de Leon Avenue—and we move fast to preserve evidence and protect your rights.

  • Free Consultation — compassionate, confidential guidance
  • No Fees Unless We Win — contingency representation
  • $1.9 Billion+ Recovered in verdicts & settlements
  • Rapid Investigation — evidence preservation, experts, insurers
  • Bilingual Support — Hablamos Español


Request Your FREE Case Evaluation


Call (678) 981-9022

Atlanta Office: 1201 Peachtree St NE, Unit 2200, Atlanta, GA 30361

Free case review: We’ll listen, answer your questions, and map the next steps — today.

Past results do not guarantee a similar outcome. Each case is different and must be evaluated on its own merits.

Looking for more information about personal injury claims? Visit our
Atlanta Personal Injury Lawyers page
to learn how we fight for injured Georgians.

Frequently Asked Questions About Wrongful Death Claims

We know that losing a loved one can leave you with more questions than answers. Our goal is to make this process less overwhelming by giving you clear, compassionate guidance on what to expect.

How do insurance companies evaluate wrongful death claims in Atlanta?

Insurance companies look at the circumstances of the death, available evidence, and the financial and emotional impact on your family. Unfortunately, their first offer may not reflect the full value of your loss. Our attorneys fight to ensure every dollar you are entitled to is pursued.

Are wrongful death settlements taxable in Georgia?

Generally, wrongful death settlements are not taxable under federal law. However, every case is unique. We help families understand the financial implications of their settlement and can connect you with trusted tax professionals if needed.

What happens during my free consultation?

Your consultation is completely confidential and designed to relieve some of the burden you’re carrying. We’ll listen to your story, review any available documents, explain your options, and outline what steps to take next. You’ll leave with a clear plan — no pressure, no obligation.

Can I add new evidence after my case begins?

Yes. If new evidence, witnesses, or documentation come to light, we will incorporate them into your case. Timely updates help strengthen your claim and ensure the most accurate representation of your family’s losses.

What if more than one party is at fault?

Georgia follows a modified comparative fault system. Our legal team carefully investigates every party involved — drivers, employers, property owners, or manufacturers — to make sure all sources of recovery are pursued, even in complex cases.

How do attorney fees work?

You pay nothing upfront. We work on a contingency fee basis, meaning we only get paid if we recover money for your family. This ensures everyone can access justice, regardless of their financial situation.

How is the value of my case determined?

We consider the deceased’s income, future earning potential, medical and funeral expenses, pain and suffering, loss of companionship, and more. Our attorneys use expert witnesses and proven case results to demand the full value your family is owed.

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Thompson Law Guarantee

Thompson Law charges NO FEE unless we obtain a settlement for your case. We’ve put over $1.9 billion in cash settlements in our clients’ pockets. Contact us today for a free, no-obligation consultation to discuss your accident, get your questions answered, and understand your legal options.

State law limits the time you have to file a claim after an injury accident, so call today.