Marietta Wrongful Death Lawyer
If you believe your family member’s death could have been prevented, schedule a free consultation with a Marietta wrongful death attorney to discuss your legal rights and next steps.
Experienced Wrongful Death Attorney for Marietta Families
Losing a family member due to someone else’s negligence can leave grieving families facing funeral arrangements, medical bills, lost income, insurance questions, and uncertainty about what to do next.
The Fitzpatrick Firm represents Georgia families in Marietta and throughout Cobb County. Our legal team can investigate your loved one’s death, identify responsible parties, determine whether the facts support a wrongful death or related personal injury claim, and explain the legal process before you decide how to proceed.
What Is Considered Wrongful Death in Georgia?
Under O.C.G.A. § 51-4-1, wrongful death may result from a crime, negligence, or defectively manufactured property.
Examples include:
- Fatal car or truck accidents
- Medical negligence
- Unsafe property conditions
- Defective products
A wrongful death action differs from an ordinary personal injury claim because Georgia law determines who may bring the case, which negligent parties may be held responsible, and what damages may be recovered after the injured person dies.
What Compensation Can Be Recovered in a Marietta Wrongful Death Case?
Georgia law focuses on the full value of the decedent’s life, which may include economic and non economic damages. Families may be able to seek compensation through the wrongful death claim while the estate pursues other qualifying losses.
Economic Value
Financial evidence may include:
- Wages and future earnings
- Lost wages and employment benefits
- Household services
- Other expected financial contributions
The focus is on the value of the person’s life, not only the surviving family’s direct financial loss.
Intangible Value
Compensation may also account for the experiences, relationships, and enjoyment of life the person lost because of the premature death.
Medical and Funeral Expenses
The personal representative may pursue qualifying funeral costs, medical expenses, and other necessary expenses resulting from the injury and death.
Punitive Damages
Punitive damages are not part of Georgia’s statutory wrongful death recovery itself. Depending on the facts of a case, however, a separate estate or survival claim may involve additional damages.
A wrongful death lawyer can determine which claims apply and what options may be available to recover damages.
Why Choose Our Experienced Wrongful Death Attorneys?
Wrongful Death Attorney Nathan Fitzpatrick
Testimonials from Atlanta Personal Injury Victims
What Types of Accidents Can Lead to Wrongful Death Cases in Marietta?
A wrongful death claim may arise when another person, company, property owner, healthcare provider, or other party is legally responsible for a fatal injury.
Car Accidents
A fatal crash may result from speeding, distracted driving, impairment, reckless behavior, or other negligence.
Our Marietta car accident lawyers can review police reports, video, witness statements, vehicle damage, and insurance records to determine how the collision occurred.
Truck Accidents
Commercial vehicle cases may involve the driver, trucking company, vehicle owner, maintenance provider, cargo company, manufacturer, or another business.
Our Marietta truck accident lawyers handle personal injury cases involving commercial vehicles, including crashes that cause catastrophic injuries or death.
Pedestrian and Bicycle Accidents
Bicycle and pedestrian accidents can turn fatal when a driver is speeding, distracted, fails to yield, or simply does not see someone in the roadway. These cases often depend on details such as traffic signals, surveillance footage, vehicle data, and eyewitness accounts.
Medical Malpractice
A wrongful death claim can arise when negligent medical care contributes to a patient’s death. That can include missed or delayed diagnoses, surgical errors, medication mistakes, or other serious failures in treatment.
Medical malpractice claims have their own legal and evidentiary requirements, so an early review can help determine whether the facts support a claim.
Dangerous Property and Defective Products
A fatal injury can also result from an unsafe property condition or a defective product. Depending on what happened, a property owner, business, manufacturer, or another company may be responsible.
The Fitzpatrick Firm also represents injury victims in premises liability and slip-and-fall cases.
How Do You Prove a Wrongful Death Lawsuit?
When a wrongful death claim is based on negligence, the evidence generally needs to show four things:
- The defendant owed a legal duty: That duty depends on the situation. A driver must follow traffic laws, while a property owner, business, or healthcare provider may have different responsibilities.
- The defendant failed to meet that duty: This could involve unsafe driving, poor property maintenance, negligent medical care, or another act or failure to act.
- That failure caused the death: It is not enough to show that someone made a mistake. The evidence must connect the negligent conduct to the fatal injury.
- The claim involves legally recoverable damages: The family or estate must also show losses that Georgia law allows them to pursue.
An experienced attorney can review these elements together and determine what evidence is needed to build the claim.
Benefits of Working With Our Marietta Personal Injury Attorneys
After a loved one’s passing, The Fitzpatrick Firm can handle the legal work while keeping your family informed. Our Marietta personal injury lawyers provide experienced legal representation for serious injury and wrongful death matters throughout Georgia.
Our Marietta wrongful death attorney will:
- Identify responsible parties
- Preserve evidence and obtain records
- Review insurance coverage and assets
- Work with qualified experts
- Calculate recoverable damages
- Negotiate with insurers
- Prepare for trial when necessary
This can help level the playing field when insurers and corporate defendants already have investigators and attorneys working on the case.
Marietta Wrongful Death FAQs
Who has the right to file a wrongful death lawsuit in Georgia?
Under O.C.G.A. § 51-4-2, a surviving spouse has priority to bring a claim involving the death of a spouse. If there is no surviving spouse, the decedent’s children may have the right to pursue it.
A personal representative may also have authority in certain circumstances.
Can we recover medical bills and funeral costs after a loved one dies?
Yes, qualifying medical bills, funeral costs, and other necessary expenses may be pursued through the appropriate estate claim. O.C.G.A. § 51-4-5 gives the deceased person’s personal representative authority to pursue these expenses.
Can we bring a wrongful death case if someone is facing criminal charges?
Yes. A wrongful death lawsuit is separate from a criminal prosecution. The criminal case determines criminal responsibility, while the civil case addresses liability and compensation.
Do wrongful death cases always go to trial?
No. Some cases resolve through settlement after liability and damages are investigated. Others proceed to litigation when responsibility or compensation is disputed.
Should I accept an insurance settlement after a fatal accident?
An early settlement should be reviewed before the family signs a release. It may not account for all insurance coverage, responsible parties, decedent’s estate claims, or the full wrongful death action.
What evidence is important in a wrongful death claim?
Crucial evidence may include:
- Accident reports
- Photos and video
- Witness statements
- Medical records
- Vehicle or trucking data
- Employment records
- Insurance information
Starting the investigation early can help preserve evidence before it is lost or destroyed.
How long do you have to file a wrongful death lawsuit in Georgia?
Many Georgia wrongful death claims are subject to a two-year limitations period under O.C.G.A. § 9-3-33. The deadline can vary based on the facts, so families should have the timing reviewed promptly.
Schedule a Free Case Review With a Marietta Wrongful Death Lawyer
The Fitzpatrick Firm represents families in Marietta, GA, Cobb County, and throughout Georgia. Contact our law firm for a free case review to discuss your legal options and whether you may be able to seek compensation.
Get stated by calling (678) 607-5550 or filling out our contact form below.