If you have lost a loved one in an accident in Marietta, Georgia, you and your family may be entitled to compensation by filing a wrongful death claim. The Auto Accident Attorneys Group can help you through the process while providing compassionate support along the way.
We care deeply about our local community and work hard to secure meaningful results for our clients, allowing them to move forward as best as possible. Our Marietta wrongful death lawyers have 30 years of combined experience and have obtained hundreds of millions of dollars since our founding in 2018.
Contact our law offices today at (866) 220-1490 for more information. We offer a free consultation with no strings attached.
How The Auto Accident Attorneys Group Can Help With Your Family’s Wrongful Death Claim in Marietta, Georgia
Losing a close relative is one of the most difficult experiences imaginable. If the death was preventable, that can make the aftermath even more traumatic. If this has happened to you, you deserve all of the compensation available under Georgia law. The Auto Accident Attorneys Group can help maximize the value of your claim.
Our Marietta personal injury lawyers are experienced at trial, and insurance companies take note of that fact. We aren’t afraid to stand up to anyone and will exhaust every resource we can to aid your case and help you obtain a sense of justice.
When you hire us to help with your wrongful death claim in Marietta, we will assist by:
- Investigating the accident
- Calculating your damages
- Collecting evidence
- Identifying who is liable
- Negotiating on your behalf
- Filing a lawsuit in Cobb County if necessary
Reach out to our personal injury law firm in Marietta, GA, today to get started. We can advise you of your legal rights and options during your free case review.
What Is Wrongful Death in Georgia?
Georgia law defines wrongful death as cases in which the death of a person results from a crime, negligence, or defectively manufactured property.
Only certain people are eligible to file a wrongful death claim in Georgia. The law states the following order:
- The deceased’s living spouse
- If there is no spouse, the deceased’s living child or children
- If there are no children (or a spouse), the deceased’s parents
- If there are no children, parents, or a spouse, the executor of the deceased’s estate
Georgia also allows for survival actions, which are distinct from wrongful death claims. Survival actions are brought on behalf of the deceased and provide compensation for losses they could have filed a claim for had they survived. Wrongful death claims are meant to compensate family members.
Importantly, wrongful death claims (as well as survival actions) take place in civil court, not criminal court. These cases often involve criminal acts, so the responsible party may also be facing charges.
However, you can still win your wrongful death claim regardless of the criminal case’s outcome. That’s because the burden of proof standard in a criminal case is “beyond a reasonable doubt,” whereas it is “by a preponderance of the evidence” in a civil case. The supporting evidence does not need to be as strong in a wrongful death claim.
How Much Is My Marietta Wrongful Death Claim Worth?
It’s virtually impossible to accurately assess how much a human life is worth. However, damages are the only remedy a civil court can provide you and your loved ones with.
Some of the factors our legal team will consider include:
- How old the victim was
- The victim’s income, education, and training
- Whether the victim was partially responsible for the fatal accident
- The nature of the support the victim provided
Wrongful death claims can be worth substantial amounts of money, but you might need to take your case to court or have experienced legal help to recover full compensation. Contact our Marietta personal injury attorneys today for a free case evaluation.
We Can Help With Any Type of Wrongful Death Case in Marietta
Our lawyers have decades of experience and are qualified to help you with any type of Marietta wrongful death case.
These include, but are not limited to, claims involving the following:
- Car accidents
- Bicycle accidents
- Product liability
- Negligent security
- Premises liability
- Motorcycle accidents
- Slip and fall accidents
- Truck accidents
- Pedestrian accidents
- Assaults and other intentional acts
- Workplace accidents
- Medical malpractice
Call us today to learn about forming an attorney-client relationship. Even if the accident-in-question isn’t mentioned here, we may be able to help.
What Damages Can I Recover By Filing a Wrongful Death Claim?
Wrongful death damages are different from what you can recover through a personal injury claim. There are two broad categories of damages for wrongful death cases.
The first is meant to compensate for the value of the deceased’s life. These damages include things like lost wages (including those looking into the future), lost benefits and services, loss of care and companionship, and more.
The second category makes up for specific kinds of financial losses, such as medical costs related to the deceased person’s illness or injury, funeral and burial expenses, and more.
Who Could Be Liable for My Loved One’s Wrongful Death in Marietta, GA?
State law generally doesn’t limit who you can file a wrongful death claim against. There may be limited exceptions, but you can almost always file a lawsuit regardless of whether the at-fault party is an individual, business, healthcare provider, or even a government agency.
Wrongful death claims may be based on negligence (carelessness), recklessness, or intentional actions. If you aren’t sure whether you have a case, it’s at least worth your time to contact our lawyers for a free initial consultation.
How Does Shared Fault Impact a Wrongful Death Claim in Georgia?
Georgia has a modified comparative negligence standard in place with a 50% recovery bar. You can still recover compensation as long as your loved one wasn’t equally or more at fault for their accident than the other party.
However, your compensation can be reduced based on their assigned percentage of fault. For example, if they are found to be 20% responsible, your damages can be reduced by 20%.
The defendant will likely try to blame your loved one for the accident. A trusted personal injury attorney in Marietta can help you maintain the value of your claim by responding to allegations of blame appropriately.
How Much Does It Cost To Hire a Wrongful Death Lawyer in Marietta?
Most wrongful death attorneys in Marietta work on a contingency fee basis. That means they do not charge any upfront fees, hourly rates, or a flat amount. Instead, they must recover compensation for you in order to get paid.
Most cases will have around a 33% contingency fee. If your lawyer secures a jury verdict or settlement for you, you will pay them a percentage of your compensation. Otherwise, your attorney’s fees are zero.
With a contingency fee, your attorney is incentivized to increase your case’s value as much as possible. You can also hire any lawyer without regard to your financial circumstances.
What Is the Time Limit To File a Wrongful Death Lawsuit in the State of Georgia?
The Georgia statute of limitations for most wrongful death cases is two years. Usually, you will have two years from the deceased’s death to file a lawsuit in court. You might lose your right to pursue compensation if you don’t file your lawsuit on time.
There are only exceptions in rare cases, but it’s possible yours has a different time limit. For example, cases involving a minor or the government could have an adjusted deadline. Contact our lawyers so that we can help you confirm the amount of time you have to sue the at-fault party.
Schedule a Free Consultation With Our Compassionate Marietta Wrongful Death Attorneys
Did you lose a family member due to someone else’s negligence or wrongdoing in Marietta, Georgia? You may be able to file a wrongful death claim for compensation as well as a survival action. The Auto Accident Attorneys Group is here to help you make it through this incredibly difficult time.
Our Marietta wrongful death attorneys will stop at nothing to help you recover maximum damages. We’ll fight for you from start to finish and won’t hesitate to take your case to court if necessary. Contact us today at (866) 220-1490 for your free consultation.
