Paying for a Funeral After a Wrongful Death? Start With Clear Answers on Cost

Funeral and burial costs can be part of a Georgia wrongful death claim. Georgia law lets the personal representative recover funeral, medical, and other necessary expenses when a death results from a crime or from criminal or other negligence. If you’re asking what a wrongful death lawyer costs in Georgia, this page covers that too.

Slam Dunk Attorney is based in Duluth, Georgia, and handles wrongful death matters across metro Atlanta and Georgia. This page explains who can file, what funeral costs may be part of the claim, and how families pay bills while a claim is pending.

Who Can Bring a Wrongful Death Claim in Georgia?

A surviving spouse may bring the claim first. If there is no surviving spouse, a child or children may bring it. Under O.C.G.A. § 51-4-2, the spouse or children may recover for the homicide of a spouse or parent. The statute measures that recovery by the full value of the decedent’s life, as shown by the evidence.

The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent under that statute; the administrator or executor may bring the action under O.C.G.A. § 51-4-5 only if no one qualifies under O.C.G.A. § 51-4-2 or 51-4-4. Under O.C.G.A. § 51-4-5, the amount recovered is held for the benefit of the next of kin.

The law also sets shares. The surviving spouse receives no less than one-third of a recovery under § 51-4-2(d)(2). Who the right person is depends on the family and the estate. A lawyer can review those details with you.

What Funeral and Burial Costs Are Part of a Wrongful Death Claim?

Funeral and burial costs are among the losses Georgia law allows the personal representative to seek.

Typical items families face include:

• funeral home services and the professional fees in the funeral contract
• a casket or urn
• a burial plot, crypt, or cremation
• transportation of the body
• related fees such as permits and death certificate copies

Georgia also treats necessary expenses as a fair part of the damages. Under O.C.G.A. § 51-12-7, “necessary expenses consequent upon an injury are a legitimate item in the estimate of damages.”

These costs are one part of the claim. The value of the life lost is separate. Under O.C.G.A. § 51-12-2, special damages are the losses that actually flow from the act, and they must be proved.

Who Pays the Bills Before a Claim Is Resolved?

Most families pay the funeral home first. A claim can take much longer to resolve. Families often use savings, money from the decedent’s estate, life insurance proceeds, or financing from relatives.

How those early payments are repaid depends on the facts. A lawyer can explain how each payment fits the claim.

Proof matters, so keep these records:

• the signed funeral home contract and every itemized invoice
• cemetery, crypt, or cremation receipts
• transportation bills
• proof of each payment, such as a bank record or card receipt

Georgia law also limits what a recovery pays. Under O.C.G.A. § 51-4-2, a recovery under subsection (a) is not subject to any debt or liability of the decedent or the estate.

If the person who died had Medicare, federal rules matter too. See Medicare Secondary Payer rules.

How Are Georgia Wrongful Death Lawyers Paid?

Many wrongful death lawyers in Georgia work on a contingency fee basis. Under that kind of agreement, the fee is taken only from a recovery, as a percentage of it. The client may still be responsible for court costs and case expenses, whether or not there is a recovery.

Read the written agreement before you sign. It sets out the percentage and how costs are handled.

If a fee dispute comes up, Georgia’s State Bar runs a fee-arbitration program. It may be used at no cost for attorney-client fee disputes, subject to its petition and participation requirements. See State Bar of Georgia fee arbitration.

Are There Hidden Costs in a Wrongful Death Case?

Case costs are real, and they are separate from the lawyer’s fee. They can include filing fees, copies of medical and police records, payments to investigators or medical reviewers, and deposition costs.

Many families don’t expect these costs. Gathering records early can keep them lower and easier to track.

Do not assume a cost is covered unless the written agreement says so. The agreement should spell out which costs you pay, when you pay them, and how they are repaid if there is a recovery.

Common Situations That Lead to Wrongful Death Claims in Metro Atlanta

A fatal injury can follow many kinds of incidents. Wrongful death claims may arise from:

• car, truck, and motorcycle collisions
• pedestrian accidents
• rideshare accidents involving Uber or Lyft
• dog bite incidents
• premises liability and negligent security incidents
• injuries at short-term rentals booked through Airbnb or VRBO
• nursing home abuse or neglect

Families in Atlanta, Lawrenceville, Johns Creek, Alpharetta, Marietta, Norcross, Kennesaw, and Dunwoody face these situations, as do families across Georgia. The firm handles these matters across metro Atlanta and the state.

Why Families Talk With a Lawyer Early

Early review helps families gather records, invoices, and witness names while they are still available. Evidence can be harder to find as time passes.

Georgia sets deadlines for injury claims. Under O.C.G.A. § 9-3-33, actions for injuries to the person generally must be brought within two years after the right of action accrues. A lawyer can explain how deadlines apply to your family’s situation.

For the broader process, see our wrongful death guide.

Talk With Our Team About Your Family’s Funeral Costs and Claim

Funeral costs can be part of a Georgia wrongful death claim. Our team can help you sort out the bills and the decision about whether to file.

Frequently asked questions

This page is general information, not legal advice. Peter F. Jaraysi is the responsible lawyer for this page. Slam Dunk Attorney, Duluth, Georgia. Contact us through our contact form.