We want to begin by offering our deepest and most sincere condolences for your loss. The death of a family member is a devastating event, and the pain is made immeasurably worse when it was caused by the preventable negligence of another person or company. While we know that no amount of money can ever replace your loved one or heal your grief, the legal process can provide a measure of justice and accountability.
A wrongful death claim is a way to honor the person you lost by holding the responsible parties accountable for their actions. It is also a critical step toward securing the financial stability your family needs to navigate the future. As your dedicated Marietta wrongful death attorney, Geiger Legal Group is here to provide compassionate, strong, and respectful legal guidance through this incredibly difficult time.
Understanding Wrongful Death Claims in Cobb County
A wrongful death claim is a civil lawsuit filed when a person’s death is the direct result of another’s wrongful act. This can be a negligent act (like a careless driver), a reckless act (like driving under the influence), or an intentional act (like an assault). This legal action is separate from any criminal charges the at-fault party may face.
Fatal Car and Truck Accidents: Caused by distracted driving, speeding, DUI, or violations of trucking safety regulations.
Medical Malpractice: Fatalities resulting from surgical errors, misdiagnosis, medication errors, or birth injuries.
Premises Liability: Deaths caused by negligent security, unsafe property conditions, or drowning incidents.
Defective Products: When a faulty product, from a defective vehicle part to a dangerous consumer good, leads to a fatal outcome.
Workplace Accidents: A fatal accident claim in Marietta can arise from construction site falls, machinery malfunctions, or other on-the-job safety failures.
Recovering for the “Full Value of the Life”: A Georgia Concept
Georgia’s approach to wrongful death compensation is unique. The law allows qualifying family members to sue for the “full value of the life of the decedent” from the perspective of the person who died. This is a profound legal concept that attempts to measure the full scope of what was taken. It is comprised of two distinct components:
The Tangible, Economic Value This part of the claim seeks to recover the measurable financial contributions the deceased would have made over their lifetime. This includes lost future income, wages, benefits, and the value of services they provided, such as childcare or household management. We often work with economists to project these losses accurately over what would have been the remainder of your loved one’s natural lifespan.
The Intangible, Human Value This is often the most significant part of the claim. It seeks to place a value on the immeasurable aspects of a person’s life that have been lost forever. This includes the loss of their love, companionship, guidance, counsel, support, and the joy and experiences they would have shared with their family. It is a way the law acknowledges that a life is worth far more than just a paycheck.
Let Us Handle the Legal Burden While You Grieve
During this time, your family should be allowed the space and peace to grieve without the added stress of dealing with insurance companies and legal paperwork. When you entrust your case to us, we take on the entire legal burden.
Conducting a comprehensive investigation into the fatal accident.
Gathering all necessary evidence, including police reports, medical records, and expert opinions.
Handling all communications with aggressive insurance adjusters and the at-fault party’s lawyers.
Building a powerful, evidence-based case designed to secure the maximum possible compensation.
We will be your shield and your advocate, allowing you to focus on what matters most—your family.
Who Can File a Wrongful Death Claim in Georgia?
The right to file a wrongful death claim is strictly defined by Georgia law. The claim must be brought by a specific surviving family member in the following order of priority:
The surviving spouse.
If there is no spouse, the surviving children.
If there is no spouse or child, the surviving parent(s).
If none of the above exist, the personal representative of the deceased’s estate.
An experienced wrongful death lawyer in Cobb County can help you determine who is the proper party to file the claim on behalf of your family.
Frequently Asked Questions
How is a wrongful death claim different from a criminal case?
A criminal case is brought by the state to punish a wrongdoer with penalties like jail time or fines. A wrongful death claim is a civil case brought by the family to recover financial compensation for their loss. A person can be found not guilty in criminal court but still be held liable in a civil wrongful death case because the standard of proof is lower.
What is an "estate claim"?
In addition to the “full value of life” claim, a separate claim can be filed by the estate itself. This claim seeks to recover the direct financial costs associated with the death, such as final medical bills, funeral and burial expenses, and any conscious pain and suffering the deceased endured before they passed away.
How long does our family have to file a claim in Marietta?
Georgia’s statute of limitations for wrongful death is very strict. In most cases, a lawsuit must be filed within two years of the date of death. It is absolutely critical to contact an attorney well before this deadline to protect your family’s legal rights.
