Wrongful Death Lawyers in Marietta

What the full value of the life means

Under Georgia's wrongful death statute, O.C.G.A. Section 51-4-2, the family may recover the full value of the life of the person who died, measured from that person's own perspective rather than from the family's financial dependence alone. That value includes both the economic side, the income and services the person would have provided, and the intangible side, the experiences and relationships that made up their life. We build the case to capture the full value the law recognizes.

Who may bring the wrongful death claim

Georgia law sets an order for who may bring a wrongful death claim. The surviving spouse holds the right first and represents the children, with a guaranteed minimum share, and if there is no spouse the children may bring it. When the person who died was a child, O.C.G.A. Section 19-7-1 gives the parents the right to recover for the loss of their child. We identify the proper party at the start so the claim is brought correctly and no one entitled to recover is left out.

The estate's own survival claim

Alongside the wrongful death claim, the estate of the person who died can bring a separate survival claim for what the person themselves suffered, the medical expenses, the funeral costs, and the conscious pain and suffering endured before death. This claim is brought by the estate's representative and is distinct from the family's wrongful death claim. We pursue both together so every category of loss the law allows is recovered.

The fifty percent rule in a wrongful death claim

Georgia's shared-fault rule applies to a wrongful death claim just as it does to an injury claim, and under O.C.G.A. Section 51-12-33 the recovery is reduced by the share of fault assigned to the person who died and barred at fifty percent or more. The defense will often try to place blame on the person who cannot speak for themselves. We answer with the evidence to keep the responsibility on the party that caused the death.

The two-year deadline in a wrongful death case

A wrongful death claim in Georgia generally must be filed within two years of the death under O.C.G.A. Section 9-3-33, though certain circumstances, such as a related criminal case or the time needed to appoint an estate representative, can affect the timeline. Because these details can be complicated and the deadline is firm, we look at them early so the family's right to recover is protected from the outset.

Serving grieving families across Cobb County

We represent families who have lost a loved one to negligence throughout Marietta and the surrounding region, handling wrongful death claims across Cobb, Cherokee, Paulding, Bartow, and Fulton counties, and in communities including Smyrna, Kennesaw, Acworth, Powder Springs, Austell, Roswell, and Sandy Springs. Wherever the loss happened in northwest metro Atlanta, we are here to help.

Talk to a Marietta wrongful death lawyer

If your family lost someone because of another's negligence, call (844) 876-4357 for a free and confidential case review, or reach us through our contact page. There is no attorney fee unless we recover for your family.

Speak with a Marietta wrongful death attorney

No case can undo the loss of someone you love, but it can hold the responsible party accountable and protect your family's future. If you lost a family member to negligence in Cobb County, call us at (844) 876-4357 for a free and confidential case review. We work on a contingency fee, so there is no fee unless we recover for your family.

Common questions

In Georgia, who has the right to file the wrongful death claim?

Georgia sets an order. The surviving spouse has the first right and represents the couple's children, with a guaranteed minimum share of any recovery. If there is no spouse, the children may bring the claim, and when the person who died was a child, the parents hold the right. We identify the correct party so the claim is filed properly.

How is the estate's claim different from the wrongful death claim?

They cover different losses. The wrongful death claim recovers the full value of the life of the person who died and belongs to the family. The estate's survival claim recovers what the person suffered before death, including medical and funeral expenses and their pain and suffering. We pursue both so nothing the law allows is left behind.

What does it cost to hire a Marietta wrongful death lawyer?

Nothing up front. We handle wrongful death cases on a contingency fee, so the consultation is free and confidential and there is no attorney fee unless we recover for your family.