Did you lose a loved one in a fatal accident in Acworth, GA? At Johnson & Alday, LLC, we provide wrongful death representation on a contingency basis, and your family pays no attorney fees unless we recover compensation.
If your spouse, parent, or child died because someone else was careless, your family may be facing funeral costs, the loss of a paycheck, and calls from an insurance company. Georgia law gives surviving family members the right to hold the responsible party accountable through a civil claim. Our Acworth, GA wrongful death lawyer from Johnson & Alday, LLC can find out what happened and pursue that claim for your family. Our attorneys bring 40 years of experience to fatal injury cases, and they represented insurers earlier in their careers. Contact our office to schedule a free consultation.
Wrongful Death Lawyer Acworth, GA
Our Acworth wrongful death lawyer represents the surviving family of a person who was killed by another party’s negligent, reckless, or intentional act. The claim is a civil case that seeks money damages from the person or company at fault, and it can proceed whether or not prosecutors file criminal charges. In Georgia, the surviving spouse holds the first right to bring the claim, and the children hold it when there is no spouse.
Acworth sits in Cobb County, where the Cobb County safety plan counted more than 300 deaths on county roads and highways from 2018 through 2022, an average of 64 each year. Our Acworth wrongful death attorneys identify who was at fault and document what the family has lost.
Types of Wrongful Death Cases We Handle in Acworth
A wrongful death claim can follow any event in which a preventable mistake costs a life. CDC injury data attributes tens of thousands of deaths each year to motor vehicle crashes and to falls, and Georgia families bring claims after both. Each type of case calls for different evidence, so our investigation starts with how the death occurred.
- Car accidents. Speeding, impaired driving, and distraction cause many fatal collisions. We obtain the crash report, vehicle data, and phone records, and we look for every insurance policy that may apply.
- Truck accidents. A loaded tractor-trailer far outweighs a passenger car, and the people inside the smaller vehicle often do not survive the impact. The driver and the motor carrier may both bear responsibility. We move quickly to preserve the truck’s electronic data and the driver’s logs.
- Motorcycle accidents. Riders have little physical protection, so a driver who turns left across a lane without looking can cause a fatality. Insurers often try to blame the rider. We answer that argument with witness statements and evidence from the scene.
- Pedestrian accidents. A person on foot has no protection from a moving vehicle. These cases usually depend on the driver’s speed and attention, the lighting, and who had the right-of-way at the crossing.
- Rideshare accidents. A fatal crash involving an Uber or Lyft vehicle raises coverage questions, because the insurance that applies depends on what the driver was doing in the app at that moment. We identify the correct policy early.
- Slip and fall accidents. Falls can be fatal, especially for older adults who suffer a head injury or a broken hip. A property owner who knew about a hazard and failed to fix it may be liable for the death.
- Dog bites. A severe dog attack can kill, and small children and older adults are the least able to defend themselves. Our Acworth wrongful death attorneys can investigate the animal’s history and the owner’s failure to restrain it.
Why Choose Johnson & Alday, LLC as my Wrongful Death Lawyer in Acworth, GA?
Attorneys Who Have Worked on the Insurance Side
John Alday served as staff attorney to a former chief judge of the Cobb County State Court. He then joined a private defense firm that worked for one of the country’s largest insurers. John is a registered Georgia mediator. He finished law school cum laude at the University of Georgia. Robert “Bobby” Johnson also began in defense work before spending 16 years representing injured people against insurance companies. He has tried numerous cases to verdict across Georgia, holds an AV Preeminent rating, and has appeared on the Super Lawyers list every year since 2023. Bobby also belongs to the Georgia Trial Lawyers Association. Our personal injury lawyer in Acworth, GA has the background to anticipate how an insurer will evaluate a claim before the first offer arrives.
Results and a Contingency Fee
Our attorneys have recovered millions of dollars for injured clients, and Bobby has obtained multiple six-figure jury verdicts. We take wrongful death cases on a contingency fee. The family pays no attorney fees unless we recover compensation. Contact us now for guidance about your situation and what we can do for the loss of your loved one.
Understanding Wrongful Death Cases
Damages, Liability, and Compensation for Wrongful Death Cases
Georgia measures a wrongful death claim by the full value of the life that was lost. That value has an economic part and a personal part, and it is judged from the standpoint of the person who died. The estate may bring a separate survival action for losses the person suffered before death, and the two claims cover different damages.
- Lost income includes the wages and benefits the person would have earned over a normal working life.
- The intangible value of the life includes time with family and the experiences the person will miss.
- Final medical bills cover treatment between the injury and the death.
- Funeral and burial expenses are recoverable by the estate.
- Conscious pain and suffering compensates for what the person endured before passing.
Our Acworth wrongful death attorney must also prove that the defendant’s negligence caused the death. Under O.C.G.A. § 51-12-33, a recovery is reduced by the percentage of fault assigned to the person who died, and nothing is recovered if that share reaches 50 percent. Insurers know this rule well. They often argue that the deceased was speeding or not paying attention, which is why evidence gathered in the first weeks matters.
What Are Important Aspects of a Wrongful Death Case?
Wrongful death claims follow rules that ordinary injury cases do not, and several common myths about them persist.
- The filing deadline is short. O.C.G.A. § 9-3-33 generally allows two years from the date of death, and limited exceptions can pause that period.
- A spouse who files also represents the children and must share any recovery with them.
- Family circumstances affect who may file, and a divorce can change the answer.
- A survival claim requires an estate, which is opened in the county where the person lived. For most Acworth residents, that court is the Cobb County Probate Court.
What Is The Wrongful Death Case Timeline?
No two wrongful death cases move at the same pace, but most go through the same stages. A claim with clear fault and adequate insurance may settle in months, while a contested case that goes to trial takes considerably longer.
- Our Acworth wrongful death lawyers investigate first, which means collecting reports, photographs, video, and witness accounts before they are lost.
- The proper family member or estate representative is confirmed so that the right person files the claim.
- We document the losses with employment records and testimony about the person’s life.
- A demand goes to the insurer, and negotiation follows.
- If the insurer will not pay a fair amount, we file suit and prepare for mediation and trial.
What Should You Bring to Your Wrongful Death Consultation?
You do not need a complete file to meet with our Acworth wrongful death attorney. Bring what you have, and we will request the rest.
- A death certificate is helpful, and certified copies can be requested through the Georgia Department of Public Health’s death records office.
- Any police, crash, or incident report helps us identify the parties involved.
- Recent pay stubs or tax returns show what the person earned.
- Letters and voicemails from an insurance company should be saved and brought along.
The consultation is free, and we can schedule it as soon as your family is ready. We will listen to what happened, explain who has the right to file, and tell you what we think the next steps are.
Most Dangerous Locations for Fatal Accidents in Acworth, GA
Cobb County’s safety plan names three Acworth road segments as focus corridors, and NHTSA road safety programs target the speeding, impaired driving, and distraction that make busy roads deadly. The county plan lists two surface streets in Acworth.
- Cobb Parkway (U.S. 41) is a multi-lane commercial corridor with frequent driveways and turning traffic.
- Lake Acworth Drive (State Route 92) has two separate segments on the county’s focus list.
- Interstate 75 passes Acworth with exits at State Route 92 and Glade Road, and it carries heavy commuter and commercial truck traffic.
Reach Out to Johnson & Alday, LLC to Schedule a Consultation
We can offer you and your family a consultation with our Acworth wrongful death attorney. During that meeting, we review what happened, answer questions about who may file, and explain what a claim would involve. Our fee is contingent, which means no attorney fees are owed unless we recover compensation. Contact us today to schedule your consultation.