MARIETTA WRONGFUL DEATH ATTORNEY

Losing a loved one unexpectedly can be overwhelming. When that loss results from another person’s or company’s careless, reckless, or wrongful conduct, state law may allow surviving family members to pursue accountability and financial recovery.

Generally, a wrongful death occurs when someone dies due to another party’s negligence, misconduct, or other wrongful actions. These claims are governed by each state’s wrongful death laws.

A wrongful death claim allows eligible surviving family members to seek compensation for both the financial consequences of the loss and the loss of their relationship with the deceased.

To establish a wrongful death case in Marietta, an attorney typically must demonstrate:

• The defendant owed a duty of care
• That duty was breached
• The breach directly caused the death
• The surviving family members sustained legally recognized damages

Who is eligible to file the lawsuit, and how any compensation may be distributed, is determined by the applicable state law.

Wrongful death claims can arise from a variety of preventable incidents. While each case is unique, certain types of fatal events occur more frequently in communities like Marietta, Georgia.

Common causes may include:

• Car accidents involving negligent or distracted drivers
• Pedestrian or bicycle collisions
• Commercial truck accidents
• Medical malpractice in hospitals or surgical centers
• Construction site incidents and other workplace accidents
• Drownings in residential or public pools
• Premises liability incidents at businesses or apartment complexes
• Defective or dangerous products
• Nursing home neglect or abuse
• Fatal injuries resulting from violent or criminal acts

Any of these situations may give rise to a civil wrongful death claim, which is separate from any criminal charges that may also be filed.

If you suspect a wrongful death, taking timely steps can help protect your rights and preserve important evidence. The following actions may be helpful:

Obtain a Death Certificate

An official death certificate documents the cause of death and can be an important record when evaluating a potential claim.

Gather Evidence

Collect available medical records, accident reports, photographs, witness statements, and any other relevant documentation. If the death occurred in a workplace or medical setting, it may also be helpful to request records related to treatment, procedures, or possible safety violations.

Contact Morgan & Morgan

An attorney can review the circumstances, help identify potentially responsible parties, and explain your legal options based on Georgia law.

Avoid Speaking With Insurance Companies Alone

Insurance companies may attempt to limit the value of a claim or dispute liability. It may be beneficial to speak with an attorney before providing statements.

Determine Who Can File a Claim

Georgia law specifies who may bring a wrongful death lawsuit and follows a defined order of priority. In many cases, the surviving spouse has the first right to file, followed by children or parents if no spouse is present. If no eligible family member is available, the personal representative of the estate may pursue the claim on behalf of the next of kin.

Be Aware of the Statute of Limitations

Each state has a specific deadline for filing a wrongful death claim. Georgia’s statute of limitations is strict, and missing this deadline could prevent you from pursuing legal action.

Consider the Financial and Emotional Impact

A wrongful death claim may allow recovery for losses such as medical expenses, funeral and burial costs, lost financial support, and the loss of companionship, care, and guidance. An attorney can help evaluate the types of damages that may be available under Georgia law.

Determining whether you may have a valid wrongful death claim depends on several key legal factors. The following considerations can help assess whether a case may exist:

Was there negligence or misconduct?

A wrongful death claim generally requires showing that another party’s negligence, recklessness, or wrongful conduct contributed to the death. This may include:

• Car accidents caused by a reckless or distracted driver
• Medical malpractice resulting from a healthcare provider’s error
• Unsafe workplace conditions that lead to a fatal incident
• Criminal acts, such as assault or homicide

Did the death result from that negligence?

There must be a clear connection between the responsible party’s actions (or failure to act) and the death. For example, if a treatable condition was misdiagnosed and the patient later died as a result, that failure may support a wrongful death claim.

Do you have legal standing?

Only certain individuals are permitted to file a wrongful death lawsuit, and eligibility is determined by Georgia law. In Georgia, the right to bring a claim follows a specific order of priority.

Typically, the surviving spouse has the first right to file. If there is no surviving spouse, the right may pass to the deceased’s children. If there are no surviving children, the deceased’s parents may be eligible to bring the claim. If none of these individuals are available, the personal representative of the estate may file the claim on behalf of the next of kin.

Those who may ultimately benefit from the claim generally include a surviving spouse, children, or parents, depending on how Georgia law applies to the situation.

Are there recoverable damages?

A valid wrongful death claim must involve legally recognized losses, which may include:

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including expected future earnings and benefits
• Loss of companionship, care, guidance, and support

The types of damages that may be available depend on state law and the specific circumstances of the case.

Is it within the statute of limitations?

Each state establishes a deadline for filing a wrongful death claim. In Georgia, this time limit is strictly enforced, although certain circumstances may affect how the deadline is calculated. If a claim is not filed within the applicable period, the right to pursue legal action may be lost.

Georgia law specifically determines who has the right to bring a wrongful death claim, and it follows a defined order of priority.

In most cases, the surviving spouse has the first right to file the claim. If there is no surviving spouse, the right may pass to the deceased’s children. If there are no surviving children, the deceased’s parents may be eligible to bring the claim. If none of these individuals are available, the personal representative of the deceased person’s estate may file the claim on behalf of the next of kin.

Those who may ultimately benefit from the claim typically include a surviving spouse, children, or parents, depending on the circumstances.

If a personal representative has not yet been appointed, the probate court may allow one to be designated to pursue the claim on behalf of the estate and any eligible beneficiaries.

Georgia law imposes strict deadlines for filing a wrongful death claim. In most cases, the time period begins running from the date of death, though certain circumstances can affect how the deadline is calculated.

Different rules may apply in cases involving:

• Medical malpractice
• Claims against government entities
• Delayed discovery of the cause of death

Because these deadlines are strictly enforced and missing them can permanently prevent recovery, it’s important to act promptly to protect your rights.

A wrongful death lawsuit and a criminal case may arise from the same incident, but they serve different purposes and operate under different legal standards.

Purpose

• Wrongful death lawsuit (civil case): Brought by eligible family members or the estate to seek financial compensation for legally recognized losses, such as medical expenses, funeral costs, and loss of financial support. The objective is to recover monetary damages rather than impose punishment.
• Criminal case: Initiated by the government to address violations of criminal law. The objective is to impose penalties, which may include imprisonment, fines, or probation.

Burden of Proof

• Civil case: The plaintiff must prove liability by a preponderance of the evidence (meaning it is more likely than not).
• Criminal case: The prosecution must prove guilt beyond a reasonable doubt, a much higher standard.

Who Brings the Case

• Civil case: Filed by surviving family members or the estate, depending on state law.
• Criminal case: Filed by government prosecutors.

Possible Outcomes

• Civil case: May result in a financial award for the family.
• Criminal case: May result in criminal penalties, such as incarceration or fines.

Can both happen at the same time?

Yes. A civil wrongful death claim may proceed separately from any criminal charges arising out of the same incident.

A wrongful death lawsuit and a survival action are both legal claims that may arise when someone dies because of another party’s negligence, but they serve different purposes.

A wrongful death claim seeks compensation for the losses suffered by surviving family members as a result of the death. These damages may include funeral and burial costs, loss of financial support, and loss of companionship or services, depending on Georgia law. The focus is on the impact the death has on surviving beneficiaries.

A survival action, by contrast, is brought on behalf of the deceased person’s estate. It seeks damages the individual could have recovered had they lived, such as medical expenses, lost income, or other losses incurred between the time of injury and death. Rather than compensating the family’s loss, it continues the claim the deceased would have had.

The key distinction is timing and purpose. Wrongful death claims address losses suffered by survivors after the death, while survival actions address losses the deceased experienced before passing. In some jurisdictions, both claims may be pursued together.

In a wrongful death case, compensation (often referred to as damages) is intended to address legally recognized losses resulting from the death. The types of damages that may be available depend on state law and the specific facts of the case.

Damages may include:

Economic losses

• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support, including expected future income and benefits
• Loss of household services

Non-economic losses (where permitted by law)

• Loss of companionship, care, or guidance
• Loss of consortium

In certain cases involving particularly reckless or intentional conduct, additional damages may be available under applicable state law.

Because wrongful death laws vary by state, an attorney can review the circumstances to help determine which forms of compensation may apply in your situation.

Proving liability in a wrongful death case involves showing that the defendant’s actions, or failure to act, legally caused the death. While the process can be complex, most claims focus on establishing negligence, recklessness, or intentional misconduct.

Establishing negligence (or other legal theories)

In many wrongful death cases, the plaintiff, typically an eligible family member or estate representative, must demonstrate that the defendant failed to exercise reasonable care.

To establish negligence, the following elements are generally required:

• Duty of care: The defendant owed a legal duty to the deceased. For example, drivers must operate vehicles safely, and medical professionals must provide competent care.
• Breach of duty: The defendant failed to meet that standard of care.
• Causation: The breach was a substantial factor in causing the death.
• Damages: The death resulted in legally recognized losses.

Intentional or reckless conduct

If the defendant acted intentionally or with a reckless disregard for safety, liability may be based on those theories rather than simple negligence. Even in these cases, the plaintiff must still show that the conduct directly caused the death.

Evidence used to prove liability

Establishing responsibility often requires gathering and presenting evidence, such as:

• Medical records
• Eyewitness testimony
• Expert analysis (including medical, accident reconstruction, or economic experts)
• Police or incident reports
• Photographs or surveillance footage

Addressing potential defenses

Defendants may argue that the deceased was partially responsible for the incident. Depending on state law, shared fault may reduce or limit the amount of compensation that can be recovered. Strong evidence and effective legal advocacy are often critical to addressing these defenses.

Why legal guidance matters

Wrongful death cases often involve complex facts, multiple potentially responsible parties, and significant financial considerations. An experienced attorney can investigate the circumstances, preserve key evidence, consult with experts, and develop a case aimed at establishing liability under applicable state law.

In a wrongful death case, an expert witness helps explain complex issues that are outside the common knowledge of the jury. Their role is to provide specialized knowledge that strengthens the case by supporting the plaintiff’s claims or refuting the defendant’s arguments. Expert witnesses are usually specialists in areas related to the case, such as medicine, accident reconstruction, or economics.

For example, a medical expert may testify about the cause of death, the severity of injuries, and how the defendant’s actions contributed to the fatal outcome. Similarly, an accident reconstruction expert might use evidence to show how an accident occurred and whether the defendant's behavior played a role in causing the death. By offering their expert opinions, these witnesses help the jury understand complex topics and make more informed decisions.

Yes, insurance often plays an important role in wrongful death claims. In many cases, the individual or entity responsible for the death may have insurance coverage that could help compensate surviving family members for their losses.

Here’s how insurance may be involved:

• Defendant’s insurance coverage: If the responsible party is insured, for example, in a car accident or workplace incident, their liability policy may cover damages awarded in a wrongful death claim. The insurance company typically manages the defense and may attempt to resolve the case through a settlement before trial.
• Life insurance: If the deceased had a life insurance policy, designated beneficiaries, such as a spouse, children, or other dependents, may receive death benefits. These benefits are separate from any wrongful death claim but can provide additional financial support.
• Employer or workers’ compensation insurance: If the death occurred in a work-related incident, workers’ compensation coverage may provide certain benefits. However, these benefits generally do not include non-economic damages. In some situations, a separate claim against a third party may be possible if another party’s negligence contributed to the death.
• Settlements: Insurance companies often seek to resolve claims before trial to avoid the cost and uncertainty of litigation. Settlements may provide compensation for losses such as medical expenses, funeral costs, and lost income.

Insurance coverage can be a key factor in wrongful death cases, whether through liability policies, life insurance benefits, or workers’ compensation. However, coverage may not apply to every type of loss, and the amount available will depend on the specific circumstances.

It is also important to recognize that insurance companies may attempt to limit what they pay or dispute responsibility. Legal representation can help ensure the claim is properly evaluated and that the family’s rights are protected.

While it’s not legally required to have a lawyer for a wrongful death claim, it is highly recommended. Wrongful death cases can be complex, involving legal procedures, evidence gathering, and negotiations with insurance companies or opposing parties. Having an experienced attorney can significantly improve your chances of securing fair compensation and navigating the legal process effectively.

Georgia’s wrongful death laws are strict and include specific guidelines for who can file a claim, what damages are available, and the statute of limitations. A lawyer ensures your claim follows all legal requirements.

Establishing that someone’s negligence or intentional actions caused the death also requires strong evidence, such as accident reports, medical records, expert testimony, and witness statements. Morgan & Morgan’s attorneys know how to build a solid case.

Insurance companies often attempt to minimize what they pay. They may offer a low settlement or dispute liability altogether. An attorney can handle negotiations on your behalf and help ensure the claim is properly evaluated and pursued.

If a settlement isn’t reached, your case may go to trial. Litigation involves filing legal documents, presenting evidence, and arguing your case in court. An experienced Marietta attorney at Morgan & Morgan can handle these complexities and advocate for your rights.

Morgan & Morgan’s lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

We love talking to our clients. You will primarily communicate with your Case Manager via telephone and email, and if you would like to speak directly with your attorney via telephone, we will make that happen by scheduling a call.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.

At Morgan & Morgan, our team of experienced attorneys has successfully represented countless clients in similar situations, securing millions in compensation. As the largest personal injury law firm in the country with law offices in every state nationwide, we have the resources, knowledge, and dedication to fight for your rights.

We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.

We have a strong presence in Georgia and are familiar with the local courts, judges, and insurance practices. The firm has recovered billions for families nationwide and has the resources to take on large corporations, hospitals, and insurance companies.

Don’t bear the burden of your injuries on your own because of someone else’s negligence. If your family has lost someone due to negligence, contact Morgan & Morgan's Marietta team today for a free case evaluation to learn more about your legal options.