A wrongful death case in Chatham County usually begins in the worst week of a family’s life, and it begins with a legal question nobody wants to think about: who has the right to bring it. Georgia gives that right first to a surviving spouse, then to children, then to parents, and if none exist, to the estate. We handle that determination quietly and early, so a family is not told months later that the wrong person filed.
Our Savannah office, led by Dustin Hamilton, serves injured people throughout Chatham County and the communities near the Talmadge Memorial Bridge, the Historic District, and the Port of Savannah.
Two claims, not one
Georgia splits a death case into two separate recoveries, and families are often surprised by it. The wrongful death claim is for the full value of the life of the person who died, measured from their perspective rather than by economic loss alone, and it belongs to the surviving family. A second claim, brought by the estate, covers medical bills, funeral expenses, and any conscious pain and suffering before death. They are proven differently, and the estate claim often requires an administration to be opened in Chatham County Probate Court, which is a step we handle.
Where a Chatham County case is handled
Death cases from Chatham County are filed in State or Superior Court, with the estate portion administered through Probate Court. Where a death followed treatment at Memorial Health or St. Joseph’s/Candler, the medical record becomes central to proving conscious pain and suffering. Georgia’s deadline for most wrongful death claims is two years, but it can be paused while an estate is established or a related criminal case proceeds. That is a determination worth confirming rather than assuming.
This page covers wrongful death claims specific to Savannah. For how these cases work generally, including how fault and damages are proven, read our full guide towrongful death attorneys in Georgia.
Savannah questions we are asked most
Who in the family can actually file?
Georgia sets an order. A surviving spouse has the first right and also represents any minor children, and is guaranteed no less than one third of the recovery. If there is no spouse, the right passes to the children, then to the parents, then to the estate. We confirm this before filing, because a claim brought by the wrong party can be dismissed.
There is a criminal case against the driver. Should we wait?
Usually not. The civil case is separate, carries its own deadline, and is proven to a lower standard. A criminal prosecution can affect timing and can be a valuable source of evidence, but waiting for it to conclude can put the civil claim at risk. We coordinate with the prosecution rather than sit behind it.
Do you have an office in Savannah?
Yes. Our Savannah office is at 300 Bull Street, Suite 201, Savannah, GA 31401. Call (912) 200-2727 for a free consultation, or use the form on this page and an attorney will follow up.
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