Have you lost a parent, spouse, or child in a tragic accident in Cobb County, Georgia? Call Turner Ross Germain Personal Injury Lawyers at (470) 260-4731 for a free consultation. Our compassionate Cobb County wrongful death lawyers can help your family pursue justice and financial accountability during this painful time.
Wrongful death cases are emotionally and legally complex. It’s vital to have a legal team that understands what’s at stake. At Turner Ross Germain Personal Injury Lawyers, we bring deep experience and a client-first approach to every case. Let us help you hold the responsible party accountable so you can focus on healing.
Why Families Turn to Turner Ross Germain Personal Injury Lawyers in the Wake of Fatal Accidents in Cobb County, GA
The insurance company might appear to be sympathetic to your loss, but you still can’t expect them to make the claims process easy for you. Instead, they’ll use that sympathy to try to manipulate you into accepting way less than your wrongful death claim is worth. Force them to fight fairly by hiring Turner Ross Germain Personal Injury Lawyers to represent you.
Grieving families in Cobb County, GA, choose us because:
- Our top-rated trial attorneys bring over 50 years of combined experience to every case we handle.
- We’ve secured millions of dollars in settlements and jury awards on behalf of grieving families throughout Georgia.
- Our reputation is built on holding powerful corporations and insurers accountable after catastrophic accidents and preventable deaths.
- We approach every wrongful death case as a personal fight for justice, not just another file in a stack.
- Our firm takes on fewer cases so that we can give each client the time, attention, and resources their case deserves.
- Every legal strategy we develop is tailored to the unique needs of the client and their family.
We offer a free consultation with a Cobb County personal injury attorney, so please don’t hesitate to call our office to speak with our team about your wrongful death claim today.
What Is a Wrongful Death Claim?
Personal injury claims give one party (the plaintiff) the right to sue another party (the defendant) for harm caused. Typically, the plaintiff is the individual who has personally suffered an injury. What happens when an accident is fatal and the would-be plaintiff dies?
Under Georgia’s Wrongful Death Act, the right to file a personal injury lawsuit shifts to another party.
A wrongful death claim can be pursued when “the death of a human being results from a crime, from criminal or other negligence, or from property which has been defectively manufactured, whether or not as the result of negligence.”
In other words, a wrongful death claim can exist if a person’s death is caused by a defective product or another party’s negligent or wrongful actions.
Who Can File a Wrongful Death Lawsuit in Georgia?
In Georgia, not just anyone can file a wrongful death claim after a fatal accident. In order of priority, the following parties can file a wrongful death lawsuit in a Georgia state court:
- The decedent’s surviving spouse
- If the decedent is not survived by a spouse, the right to sue belongs to their child(ren)
- If the decedent is not survived by a spouse or children, their parent(s) can bring a claim
If the decedent dies without any of these family members surviving them, the personal representative of their estate assumes the right to file a wrongful death claim. Any damages awarded in such a wrongful death case are paid to the estate and distributed in accordance with Georgia intestacy law.
Types of Wrongful Death Cases We Handle
Losing a family member unexpectedly is never easy. At Turner Ross Germain Personal Injury Lawyers, we can offer the supportive, compassionate, winning legal representation you’ll need to make the most of this difficult time.
We fight passionately on behalf of grieving family members in wrongful death claims related to:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Bus accidents
- Train accidents
- Uber and Lyft rideshare accidents
- Boating accidents
- Aviation accidents
- Motorcycle accidents
- Slip and fall accidents
- Dog bites
- Premises liability
- Negligent security
- Assault
- Sexual assault
- Workplace accidents
- Construction accidents
- Product liability
- Medical malpractice
- Nursing home abuse
- Birth injury
Put our experience and resources to work for your family’s benefit in the aftermath of a tragic accident. Call our Cobb County law office today to discuss your wrongful death case, have your questions answered, and learn about how our top-rated legal team might be able to help you recover a much-needed monetary award.
How Much Is My Family’s Wrongful Death Claim Worth?
Money won’t bring your loved one back, but it can help to alleviate a lot of the stress and pressure you experience as you move forward with your life. So, it’s only natural to wonder how much money you might be able to get if you file a wrongful death claim.
In truth, it depends. Under Georgia law, you can recover damages for the “full value of the life of the decedent.” Several factors will influence what damages you can get and how they’re ultimately valued.
- Did you rely on the decedent for financial support?
- If so, how much support did they provide?
- What was their income?
- How much of a hit will your inheritance take because of their untimely death?
- What kind of role did the decedent play in taking care of the household and raising your family?
- What was the nature of your relationship with the deceased?
- What funeral and burial expenses do you have?
- Did your family member survive their fatal injuries before eventually passing away?
- Did the deceased share responsibility for their fatal wounds?
The closer your relationship and the more you relied on the victim for financial support or household support, the more compensation you can usually expect to recover through a wrongful death claim.
What Damages Can Be Awarded in a Georgia Wrongful Death Case?
There are three main types of damages that can be sought in a Georgia wrongful death lawsuit. Each category can include both economic and non-economic awards.
1. Full Value of the Decedent’s Life
This category focuses on what the deceased person’s life was worth, both financially and emotionally, from the perspective of the decedent—not the family.
Damages may include:
- Lost wages, benefits, and retirement income the decedent would have earned
- The value of the household services the decedent provided
- Loss of enjoyment of life’s experiences, such as raising children or pursuing hobbies
- Loss of companionship, guidance, care, and emotional support for surviving loved ones
The court will consider the decedent’s age, health, occupation, and relationship with family members when calculating this value.
2. Medical, Funeral, and Final Expenses
Families can also recover compensation for funeral, medical, and other necessary expenses, including:
- Medical bills related to the final injury or illness
- Funeral and burial expenses
- Other necessary costs directly tied to the decedent’s passing
These damages are often paid to the estate rather than directly to surviving family members.
3. Survival Action Damages (Pre-Death Pain and Suffering)
When the decedent survived their injuries for a period of time before death, additional compensation may be available through a survival action filed by the estate. These damages may include:
- The decedent’s physical pain and emotional suffering before death
- Lost wages and other personal financial losses experienced between the injury and death
- Any other damages the decedent could have claimed had they survived
Survival actions are typically not available if the person was killed instantly.
Can Shared Fault Affect a Georgia Wrongful Death Settlement?
Georgia’s modified comparative fault rule applies to most personal injury lawsuits, including those based on wrongful death.
A decedent’s shared fault will affect the family’s ability to recover compensation. Damages are reduced proportionately to fault up to 49 percent. For example, if your family member was 10 percent to blame for a Cobb County car accident in which they were killed, your wrongful death damages will be reduced by 10 percent.
If the decedent’s contributory negligence is 50 percent or greater, the family loses the ability to recover compensation from a third party.
How Much Does It Cost To Hire a Wrongful Death Attorney?
Don’t stress about attorney fees as you grieve your family member’s tragic death. At Turner Ross Germain Personal Injury Lawyers, we handle wrongful death claims on a contingent basis. We only get paid when we win your wrongful death case.
Our fees don’t come out of your pocket. Instead, they’re deducted from the settlement agreement or jury award we obtain on your behalf. If we don’t win, you pay nothing. End of story.
When Do I Have To File a Wrongful Death Lawsuit in Georgia?
You must file your wrongful death claim with a Georgia state court within two years of the date of your loved one’s passing. If you allow the two-year statute of limitations to expire before you file a claim, you lose the right to demand compensation from a negligent driver, property owner, government agency, insurance company, healthcare provider, hospital, manufacturer, or anyone else who contributed to your loved one’s death.
However, there are certain exceptions that may toll the statute of limitations, so make sure to speak with your attorney about your specific case.
Schedule a Free Consultation With an Experienced Cobb County Wrongful Death Lawyer
Call Turner Ross Germain Personal Injury Lawyers if you are grieving the unexpected loss of a close family member because of an accident in Cobb County, GA. You may be entitled to compensation. Our Cobb County wrongful death lawyers can provide the powerful legal representation you’ll need to maximize your recovery.
We’ve helped clients win millions of dollars in the aftermath of life-changing accidents. Discover how we can make a difference in your wrongful death case, too. There’s no charge for an initial case review. Contact our Cobb County law office today to learn more.
Visit Our Personal Injury Law Office in Marietta, GA
Turner Ross Germain Personal Injury Lawyers
1501 Johnson Ferry Rd, Unit 100, Marietta, GA 30062
Phone number: (470) 260-4731
We’re available 24/7