Helping Marietta Families Understand a Wrongful Death Claim

Wrongful death Marietta claims raise the same first questions for most families: who can file, how much time they have, and what to do now. This guide answers those questions in plain language for families in Marietta and Cobb County.

What Wrongful Death Means in Georgia

A wrongful death claim is a lawsuit a family brings after a person dies because another party acted negligently or wrongfully. Negligence means failing to use the care a reasonable person would use in the same situation.

The claim is for the surviving family, not for the person who died. Under O.C.G.A. § 51-4-2, the surviving spouse or, if there is no surviving spouse, a child or children may recover the full value of the decedent’s life, as shown by the evidence. The decedent is the person who died.

A wrongful death claim is a civil case. It is separate from any criminal case against a driver or property owner. The two matters follow their own paths and their own rules.

Families often feel rushed by paperwork, insurance letters, and funeral plans. Clear facts can help you make decisions at your own pace. For more background, see our wrongful death practice page.

Who Can Bring a Wrongful Death Claim in Georgia

The surviving spouse may bring the claim. If there is no surviving spouse, a child or children may bring it, under O.C.G.A. § 51-4-2.

The recovery is then equally divided, share and share alike, among the surviving spouse and the children per capita, and the surviving spouse receives no less than one-third of the recovery; if there is no surviving spouse, it is equally divided among the children per capita.

Families often need to decide together who files. Starting that conversation early can prevent delays. Families in Marietta and across Cobb County can ask these questions during a first conversation with our team.

The Two-Year Deadline and Why Timing Matters

Georgia generally requires actions for injuries to the person to be brought within two years after the right of action accrues, except for actions involving loss of consortium, which must be brought within four years after the right of action accrues. That rule appears in O.C.G.A. § 9-3-33.

Timing can change. If the harm came from a crime, O.C.G.A. § 9-3-99 can pause the time limit for a tort action by the victim of an alleged crime. The pause runs from the date of the alleged crime or the act giving rise to the action until the prosecution has become final or otherwise terminated, but it cannot exceed six years, except as otherwise provided in Code Section 9-3-33.1.

Because these rules have exceptions, a family should not guess at the date. Time also works against evidence. Crash reports, surveillance video, vehicle data, and witness memories can be lost, overwritten, or changed. Acting early lets an investigation start while the records still exist.

Fatal Crashes and Falls in Marietta and Cobb County

Fatal truck crashes, car crashes, and falls on unsafe property can all lead to wrongful death claims. Each one raises different questions about who was responsible. I-75 and I-285 carry heavy truck and commuter traffic.

In a commercial truck case, the driver may not be the only party. Georgia law can hold a business responsible for torts committed by its servant, such as an employee, when the act falls within the scope of the business. See O.C.G.A. § 51-2-2. Learn more about our truck accidents practice.

Falls on unsafe property follow a different path. Under O.C.G.A. § 51-3-1, an owner or occupier who, by express or implied invitation, induces others to come onto its premises for any lawful purpose is liable in damages for injuries caused by its failure to exercise ordinary care in keeping the premises and approaches safe. A store, apartment complex, or office building can be the owner or occupier. See our premises liability practice page.

Georgia also looks at fault shares. Under O.C.G.A. § 51-12-33, damages are reduced in proportion to the plaintiff’s percentage of fault. A plaintiff who is 50 percent or more responsible recovers nothing.

Records and Information Families Can Gather Now

The most useful records show what happened, who was involved, and what the death cost the family. Start with these items:

• The death certificate
• The police or crash report, with its report number
• Emergency, hospital, and medical records, plus the bills
• Funeral and burial invoices
• Employment and income records for the person who died
• Photos of the scene, vehicle damage, and any hazard on the property
• Names and phone numbers of witnesses
• A simple log of medical visits, bills, and out-of-pocket costs

Photos taken early show conditions before repairs or cleanup change the scene. Keep the originals in a safe place and make copies for your files.

Bills matter for a reason. Under O.C.G.A. § 51-4-5, when death results from a crime or from criminal or other negligence, the personal representative may recover funeral, medical, and other necessary expenses. Bring what you have to your first conversation. Missing items are fine.

How the Process Generally Unfolds

A wrongful death case usually moves through intake, investigation, talks with insurers, and, if needed, a lawsuit. Each stage builds on the records gathered before it.

Intake begins with a conversation about what happened and who was involved. Intake is available in English or Spanish.

The investigation looks at the crash or incident, identifies parties who may be responsible, and collects records. Insurance companies may contact the family early, so it helps to know who is calling and why.

Many claims resolve without a trial, but every case is different. How a case unfolds depends on the facts. A timeline or result cannot be promised. The family decides whether to move forward after the options are explained.

Talk With Ugwonali Law Group About Your Family’s Claim

Ugwonali Law Group is led by attorney Adanna Ugwonali. The firm is located at 3400 Peachtree Road NE, Atlanta, and serves families in Marietta, Cobb County, and across Georgia.

Our first consultation is free, confidential, and without obligation (consulta inicial gratuita, confidencial y sin compromiso).

Common Questions