Marietta Wrongful Death Attorney

Losing a loved one because of someone else’s carelessness is tragic. The experienced Marietta wrongful death lawyers from Bridger Law Group can help you navigate the complex legal process. Nothing can ever bring your loved one back.

However, those responsible for the death should be held accountable for the harm they’ve caused. A wrongful death claim can allow you to seek justice and ease the financial burden caused by the early death of your loved one. Call our personal injury lawyers in Marietta, GA today for your free consultation. 

Why Choose Us?

Selecting the right law firm makes a substantial difference if your family is coping with the loss of a loved one due to someone else’s actions. Bridger Law Group isn’t just another personal injury practice; in every case, we provide genuine support, skilled advocacy, and dedication from start to finish. Here’s why survivors and families trust Bridger Law Group to stand up for them: 

• Deep Local Experience: Over 20 years serving Illinois families, with more than 4,000 cases and clients handled. 
• Proven Results: Our firm has delivered more than $60 million in verdicts and settlements. 
• No Win, No Legal Fee: You will never owe us anything unless we secure financial recovery for you. 

Going through a wrongful death lawsuit is never easy, and you shouldn’t have to take those steps alone. Bridger Law Group makes sure your voice is heard and your family’s future is protected. Contact us today to schedule your free consultation.

What Is a Wrongful Death Claim?

A wrongful death is a death that occurs without legal justification. Common grounds to file a wrongful death claim in Marietta include when loved ones die in accidents such as:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Dog bite incidents

If another party is responsible for the death, certain family members may be able to file a civil claim against them. 

Criminal cases are handled by the criminal justice system and the district attorney in each county, while wrongful death claims are handled in the civil justice system. This system can compensate surviving family members. 

How Are Wrongful Death Damages Determined in Georgia Cases?

Georgia’s Wrongful Death Act instructs juries to award compensation in wrongful death cases based on the full value of the victim’s life. This value has two parts: economic loss and non-economic loss.

The economic loss is more straightforward to measure. It is based on the tangible and objective losses the victim experienced. For example, it includes the income the victim would have earned if they had lived to their life expectancy. This includes wages, benefits, and investment income. Economic losses also include the value of services the victim would have performed, such as childcare and housekeeping. 

The non-economic losses are more challenging to quantify. They consider the emotional value of life the victim lost, such as being unable to play sports, enjoy hobbies, participate in favorite pastimes, or enjoy relationships with loved ones. Juries must consider the satisfaction and joy the victim received from these things and must put a dollar figure on the associated losses. 

Our experienced wrongful death lawyers in Marietta, Georgia know how to persuasively argue for maximum compensation following a wrongful death, such as a fatal truck accident in Marietta. 

Who Can File a Wrongful Death Claim in Marietta, GA?

Knowing who has the right to file a wrongful death claim is crucial if you’ve lost a loved one. State law dictates who is eligible and in what order they can file. 

The Surviving Spouse Has First Priority

Under Georgia law, the surviving spouse typically has the main right to bring a wrongful death claim. The spouse leads the case, ensuring any compensation represents the impact of the loss on their life and the financial future of the immediate family. 

Claims Involving Children

If the deceased person had children, the surviving spouse normally files the claim on behalf of themselves and all children. Any financial recovery from the lawsuit gets divided between the spouse and the children.

Children May File if There Is No Surviving Spouse

When there isn’t a surviving spouse, the right to file often passes to the deceased’s children. Adult children, as well as minors, may have the ability to bring the claim forward. 

Claims Involving Minor Children

In claims involving minors, Georgia courts typically oversee the process, reviewing and approving settlements to make sure the child’s financial interests are protected. 

Parents May File in Some Situations

If the deceased person did not have a surviving spouse or children, Georgia law gives surviving parents the ability to file a wrongful death lawsuit. This right extends to both biological and adopted children. Occasionally, when more than one parent remains, courts may need to resolve disputes over who should serve as the primary claimant or how recovered funds should be shared.

The Estate Representative May File in Certain Cases

If there is no eligible spouse, children, or parents, then the responsibility to file shifts to the representative of the deceased person’s estate, often known as the administrator or executor.  

When preparing for a wrongful death case, it’s helpful to consult legal counsel to determine if and when you’re eligible to file this type of claim.

How Long Do We Have to File a Wrongful Death Case in Georgia?

Georgia’s statute of limitations generally provides two years from the decedent’s death for family members to file a wrongful death case. However, there are times when this time limit may be longer or shorter. If the claim is against a governmental agency, you may have as little as six months to begin taking legal action. If your loved one’s death involves an associated criminal case, you may have longer to file your case.

At Bridger Law Group, our Marietta wrongful death attorneys are aware of the various time limits that apply to these cases. We can handle your legal claim while you focus on your grief. 

What is the Legal Process for Wrongful Death Claims Near You?

If you are facing a wrongful death case in the Marietta area, the exact process is different depending on the specifics of your case, but most cases follow similar steps: 

• Determine Eligibility: The process begins by identifying who has the legal right to file the wrongful death claim, which may be a spouse, child, parent, or the personal representative of the estate.
• Investigate: After eligibility is established, your legal team will launch an investigation to gather facts about the death and how it occurred, including witness statements, accident reports, and related documentation.
• Negotiate: With these facts, your lawyer will usually attempt to negotiate with insurance companies to reach a fair settlement out of court, hoping to avoid a lengthy court case if possible. 
• File a Lawsuit and Engage in Mediation: If negotiations are unsuccessful, the next step is to file a lawsuit in court. Both sides exchange information, called discovery, and may try mediation, in which a neutral party helps them reach a resolution. 
• Trial: If no agreement is reached through mediation, the case proceeds to trial, with all evidence presented before a judge or jury who then decides the outcome. 

These steps give families a way forward to hold responsible parties accountable and to honor their loved ones by seeking justice.

Proving Negligence in A Marietta Wrongful Death Case

Establishing negligence is generally the most important part of a wrongful death case. If you can’t prove that the other party acted negligently, you can’t win (unless you’re arguing that their actions were intentional, which is rarer.  

Duty of Care

You must first demonstrate that the defendant had a legal responsibility or duty of care toward the deceased, such as safe driving, keeping their property safe, or providing appropriate medical care within the standard of care. 

Breach of Duty 

Then you have to prove that the defendant breached the duty of care. This could be by drinking and driving or making medical mistakes that amount to negligence. 

Causation 

It’s not enough to prove that a mistake was made; you have to actually prove that the mistake is what caused your loved one’s death. 

Damages

The claimant must provide proof of damages or losses stemming from the death, such as lost income, funeral expenses, and the value of companionship or guidance that the deceased provided.

Common Causes of Fatal Injuries

There are many different types of situations that can lead to fatalities and then a wrongful death case. These most often include:

• Car accidents 
• Truck crashes
• Motorcycle accidents
• Pedestrian and bicycle accidents 
• Slip and falls on unsafe properties 
• Work incidents 
• Defective products
• Nursing home neglect 
• Swimming pool or drowning accidents
• Violent, intentional behavior  

If you lost a loved one but don’t see the exact cause on the list above, don’t assume that means you don’t have a case. Always reach out to a car crash lawyer in Peachtree Corners for help. 

Why Hire a Marietta Wrongful Death Attorney?

Trying to handle a wrongful death claim alone is overwhelming at a time when most families need support the most. A skilled Marietta wrongful death attorney guides you through every complicated step of the process. Here’s what they can do to assist: 

• Experience Building Strong Claims: With practical courtroom experience, your lawyer knows how to investigate, prove negligence, work with experts, and present a strong claim to the insurance company or in court.  
• Handling Insurance Companies and Defendants: Your lawyer will stand up against insurance companies and at-fault parties, handling tough negotiations so you’re not pressured into settling for less than your case is worth. 
• No Upfront Legal Fees: Most Marietta wrongful death lawyers work on a contingency fee basis, so your family pays nothing unless there is a financial recovery. This means you can get quality legal help, no matter what your financial situation currently is. 
• Maximizing Recovery: Attorneys have the resources and relationships to pursue all available sources of compensation, sometimes uncovering claims you weren’t initially aware of.  

Working with a Marietta wrongful death attorney allows families to focus on healing and moving forward.

Our Marietta Wrongful Death Lawyers Are Here to Help 

If you tragically lost a loved one in a wrongful death incident, a compassionate lawyer from Bridger Law Group can guide you through the legal process. Contact our wrongful death attorneys in Marietta, Ga today at (404) 482-3330 or fill out our contact form for your free consultation to discuss your legal rights and options.