Did you lose a loved one in a fatal accident in Marietta, GA?
At Johnson & Alday, LLC, we help families throughout Marietta hold negligent parties accountable after the loss of a loved one.
If you have lost a family member because of another party’s negligence, a wrongful death attorney can help you pursue accountability and financial recovery. For four decades, our firm has represented Georgia families in serious injury and fatality claims against negligent parties and their insurers. A Marietta, GA wrongful death lawyer at Johnson & Alday, LLC can investigate the death, determine who is responsible, and manage the claim so that your family can focus on healing. Reach out to our office today for a free case review.
Wrongful Death Lawyer Marietta, GA
A wrongful death lawyer represents the family of a person who died because of someone else’s negligent or intentional conduct. In Georgia, a wrongful death claim is a civil action brought to recover for that loss, and it proceeds independently of any criminal prosecution connected to the same event. The right to file belongs first to a surviving spouse or the children, and it passes to other relatives or the estate when there is no spouse or child.
Fatal accidents take more lives than most families expect. CDC injury data recorded 197,449 deaths from unintentional injuries in the United States in 2024, including 41,241 in motor vehicle crashes. Such injuries rank among the nation’s leading causes of death. When a death results from a collision, a defective product, or another’s carelessness, Georgia law allows the family to recover the “full value of the life” of the person who died. Our Marietta wrongful death attorneys assemble the proof that establishes fault and measures that loss.
Types of Wrongful Death Cases We Handle in Marietta
Many wrongful deaths follow roadway crashes, the focus of NHTSA road safety programs, while others begin in hospitals, care facilities, or workplaces. We represent Marietta families who have lost a loved one in circumstances such as these.
- Car accidents. Fatal collisions frequently involve speeding, distraction, or impaired driving. We reconstruct the crash and pursue every available source of coverage for the family.
- Truck accidents. The weight of a commercial vehicle makes these wrecks especially lethal, and more than one company may bear responsibility for the death.
- Motorcycle accidents. Riders have almost no protection in a collision, and drivers who fail to notice them cause many fatal crashes.
- Pedestrian accidents. A person on foot seldom survives a high-speed impact. These claims often depend on questions of driver attention and right-of-way.
- Bicycle accidents. Cyclists struck by motor vehicles can suffer fatal injuries, particularly at intersections and along shared roadways.
- Medical negligence. A preventable mistake in diagnosis, surgery, or medication can end a patient’s life. Proving these claims calls for close review of the medical record.
- Nursing home neglect. Neglect or mistreatment in a care facility can cause fatal harm to residents who depend on others for their safety.
- Defective products. Equipment or consumer goods that fail due to a design or manufacturing flaw can be deadly, and the company that made or sold the product may be liable.
Why Choose Johnson & Alday, LLC as my Wrongful Death Lawyer in Marietta, GA?
Courtroom Experience in Contested Cases
Wrongful death claims often involve serious disputes over fault, and insurers seldom pay them fairly without pressure. Bobby Johnson has tried numerous cases to verdict throughout Georgia, and John Alday spent years defending one of the country’s biggest insurers at a private firm before he crossed over to the plaintiff’s side. John graduated cum laude from the University of Georgia School of Law and is a certified Georgia mediator, which strengthens our position at the negotiating table. Both attorneys have been named to the Super Lawyers list. Bobby holds Martindale-Hubbell’s AV Preeminent rating, and he belongs to the Georgia Trial Lawyers Association.
A Record of Recovery for Families
Across decades of practice, our personal injury lawyer in Marietta, GA has secured millions of dollars on behalf of injured clients and the families of people killed by another’s negligence. A history of preparing cases for trial matters here, because a claim built to withstand a courtroom is one insurers take seriously. We also handle the practical steps a wrongful death claim requires, from opening an estate to coordinating with the coroner or investigators, so a grieving family is not left to handle these matters alone.
Understanding Wrongful Death Cases
Damages, Liability, and Compensation for Wrongful Death Cases
Georgia recognizes two separate claims after a fatal injury, and together they address different losses. The wrongful death claim compensates the survivors for the “full value of the life” of the person who died, measured in both economic and intangible terms. A survival action, brought by the estate, seeks to recover the losses the deceased sustained before death, including:
- The full value of the life of the deceased, covering lost income as well as the loss of experiences and relationships.
- Medical expenses from the final injury or illness.
- Funeral and burial costs.
- The conscious pain and suffering the person endured before passing.
Liability rests on proving that another party’s negligence caused the death. Georgia’s modified comparative negligence rule applies, so any recovery is reduced by the deceased’s share of fault and eliminated once that share reaches 50 percent. Identifying every responsible party early is important, because a fatal event may involve more than one at-fault person or company, and each may carry insurance that contributes to the recovery.
What Are Important Aspects of a Wrongful Death Case?
Several features set wrongful death cases apart from other injury claims, and each can affect how a matter proceeds.
- Only specific relatives may file in the order established by Georgia law.
- Any recovery is divided among the surviving family members according to statute.
- Evidence of the deceased’s earnings, relationships, and life expectancy helps establish the value of the claim.
- A criminal case connected to the death can move forward at the same time without barring the civil action.
Because these claims intersect with probate and family relationships, involving an attorney early helps a family avoid later conflict. Guidance from the start also keeps the focus on the claim itself rather than on disagreements among relatives about how to proceed.
What Is The Wrongful Death Case Timeline?
How long a wrongful death case takes depends on how much evidence must be gathered and whether the responsible party contests liability. A typical case advances through the following phases.
- Investigation of the death and identification of every responsible party.
- Appointment of an estate representative when a survival action is part of the case.
- A demand to the at-fault party’s insurer once the losses are documented.
- Negotiation, followed by litigation if a fair settlement does not materialize.
- Discovery, mediation, and, when nothing else resolves it, a trial.
Cases with disputed fault or several defendants usually take more time, since each point has to be proven with evidence.
What Should You Bring to Your Wrongful Death Consultation?
Bringing any records you already have to the first meeting helps us evaluate the claim, and we can track down whatever is missing.
- The death certificate along with any accident or incident report.
- Medical records connected to the final injury or illness.
- Information about the deceased’s employment and earnings.
- Documentation of funeral and burial expenses.
- The names and contact details of any witnesses.
During the consultation, we will explain how a claim would proceed and what it may be worth. You can meet with one of our attorneys whether or not you decide to move forward, and the consultation is free.
What Are Important Georgia Legal Resources for Wrongful Death Cases?
The resources below point you to Georgia laws governing wrongful death claims. They are meant to help you find the law itself, not to replace advice about your family’s situation.
- Most wrongful death claims must be filed within two years of the date of death, under O.C.G.A. § 9-3-33, though certain circumstances can pause that clock.
- Georgia’s wrongful death statutes are collected in Chapter 4 of Title 51 of the Official Code of Georgia.
- Under Georgia’s modified comparative negligence rule, O.C.G.A. § 51-12-33, any recovery is reduced by the deceased’s share of fault and barred entirely once that share reaches 50 percent.
- Georgia law also sets out which surviving relatives may bring a claim and how any recovery is divided among them, at O.C.G.A. § 51-4-2.
Reach Out to Johnson & Alday, LLC to Schedule a Consultation
Losing a family member to another party’s negligence leaves questions that deserve clear answers. We take wrongful death claims on contingency, so your family owes no attorney fee unless we secure a recovery. Our office answers calls around the clock, and there is no charge for your first meeting. Contact us to discuss what happened and the options available to you.