Marietta Wrongful Death Attorneys
Recovered more than $44 million for our clients in the last 8 years.
Wrongful death claims can be highly complicated and require extensive legal knowledge to navigate. That’s why it’s important to hire an experienced Marietta wrongful death attorney who has a proven track record of success.
Has Someone You Loved Been a Victim of Wrongful Death in Marietta, GA?
At Hagood Injury Law, we understand the stress and trauma that comes with losing a loved one due to the negligence or recklessness of another party. Our experienced Marietta wrongful death attorneys have decades of combined experience helping families in Marietta seek justice after a wrongful death. We are committed to fighting on behalf of victims and their families and helping them receive justice and fair compensation for their losses.
With our years of expertise and dedication, Hagood Injury Law is the right wrongful death lawyer to handle your case. We will do everything we can to help you at this difficult time. Your case is important to us, and we value your trust in us and will work hard for you every step of the way.
What is Wrongful Death?
In Marietta, wrongful death is a legal concept that arises when someone’s death is caused by the negligent, reckless, or intentional actions of another party. Wrongful death claims allow the surviving family members or representatives of the deceased person to seek compensation for their loss. This legal action is designed to provide financial relief to the surviving loved ones and hold the responsible party accountable for their actions.
Under Georgia law, wrongful death claims can be filed in various situations, including but not limited to car accidents, medical malpractice, workplace accidents, defective products, and acts of violence. These claims aim to address both the economic and non-economic losses suffered by the surviving family members due to the untimely death of their loved one.
Typically, the surviving spouse, children, or parents of the deceased person have the legal standing to file a wrongful death claim in Marietta. If none of these parties are available, the executor or administrator of the deceased person’s estate may bring the claim on behalf of the estate and eligible family members.
Wrongful death claims in Marietta can seek compensation for various damages, including medical expenses, funeral and burial costs, lost wages and future earnings, pain and suffering, and loss of companionship and support.
Who Can File a Wrongful Death Claim in Marietta?
In Marietta, a wrongful death claim can typically be filed by specific family members or representatives on behalf of the deceased person. The eligible parties who can file a wrongful death claim in Marietta include:
- Surviving Spouse: The surviving spouse of the deceased person has the first right to file a wrongful death claim in Marietta.
- Children: If there is no surviving spouse, the surviving children of the deceased person may file a wrongful death claim.
- Parents: In cases where the deceased person was not married and had no surviving children, the surviving parents of the deceased may file a claim.
- Estate Representative: If there are no surviving spouses, children, or parents eligible to file the claim, the executor or administrator of the deceased person’s estate can bring a wrongful death claim on behalf of the estate and distribute any damages recovered according to Georgia’s intestate succession laws.
It’s essential to note that only one wrongful death claim can be filed for the same death. Typically, the eligible family member who files the claim does so on behalf of all eligible family members. The damages awarded are then distributed among the eligible parties according to their legal entitlements.
Recovering Damages in a Wrongful Death Case in Marietta
In a Marietta wrongful death claim, eligible family members or representatives can seek various types of damages to compensate for their losses resulting from the death of their loved one. The damages that can typically be recovered in a Marietta wrongful death claim may include:
- Funeral and Burial Expenses: The costs associated with the deceased person’s funeral, burial, or cremation are recoverable damages.
- Medical Expenses: Damages may include medical bills and expenses incurred as a result of the injury or illness that led to the person’s death.
- Lost Wages and Future Earnings: Compensation for the income that the deceased person would have earned in the future had they not died prematurely. This may include lost wages and benefits.
- Pain and Suffering: Damages to account for the physical and emotional pain and suffering experienced by the deceased person before their death.
- Loss of Companionship: Compensation for the loss of the companionship, care, and support provided by the deceased person, which can be especially significant for surviving spouses, children, and parents.
It’s important to note that the specific damages recoverable in a wrongful death claim can vary depending on the circumstances of the case, the relationship of the claimants to the deceased person, and other factors. Additionally, there is no cap on economic damages (such as medical expenses and lost wages) in Marietta, but there is a cap on non-economic damages (such as pain and suffering), which is adjusted annually.
Essential Steps To Take After A Wrongful Death
Obtain a death certificate. You must apply for an official copy of the death certificate. you will need this document to move forward with the wrongful death claim or any other legal matters related to the deceased’s estate.
Collect evidence and official documentation related to the death. This includes medical records, police reports, witness statements, and other relevant information. Our attorneys can provide resources for obtaining these documents and provide legal counsel as needed.
Keep detailed records of all your expenses related to the claim. This includes funeral costs, medical bills, lost wages and any other out-of-pocket expenses resulting from the death. These records may be necessary for filing a wrongful death claim and will help our lawyers build a stronger case.
Contact an experienced attorney. An experienced wrongful death attorney can help you understand your options and prepare a case that stands up in court. Contact Hagood Injury Law for a free evaluation.
Our Experienced Marietta Wrongful Death Attorneys at Hagood Injury Law Can Help
Our top-rated wrongful death lawyers in Marietta are well-versed in state laws and regulations regarding wrongful death claims. We will provide knowledgeable counsel as we help you navigate your options for seeking justice and compensation. With extensive experience in wrongful death cases, we will strive to achieve the best possible outcome while keeping your best interests at heart. Here’s what our attorneys can do for you:
Assess Your Legal Rights – Our wrongful death lawyer will review your case and provide detailed insight into the various options that may be available. They will also explain to you the applicable laws, as well as your legal rights, in a language that is easy to understand.
Provide Comprehensive Representation – We can provide comprehensive representation throughout the entire process of filing a claim, gathering evidence, negotiating with insurance companies, and going to trial if necessary. Our team is experienced in these matters and can help ensure that you receive the compensation you deserve for your losses.
Negotiate Settlement Agreements – We negotiate settlement agreements with insurance companies on your behalf. This ensures that any settlements are fair and just for all parties involved.
Prepare an Effective Strategy – We will work to create an effective strategy tailored specifically to your case in order to achieve the best possible outcome for you.
Protect Your Rights – We can protect your rights throughout every step of the legal process, making sure that you receive justice and fair compensation for your losses.
Wrongful Death FAQs
In Georgia, the statute of limitations for wrongful death claims is generally 2 years from the date of the deceased person’s death. However, this period may be extended under certain circumstances, such as if there is an ongoing criminal case related to the death.
The wrongful death legal process can be lengthy and complicated. At Hagood Injury Law, we will work to simplify the process as much as possible while keeping you informed at every step.
Our primary goal is to identify at-fault parties and build a successful case on your behalf. This may involve conducting interviews, gathering evidence, reviewing documentation, filing motions and pleadings with the court, negotiating settlements or awards from at-fault parties, and representing clients at trial if necessary.
We are committed to providing personalized service and unwavering guidance throughout the course of your case. Our Georgia wrongful death attorneys understand that this is an emotional and challenging time for families affected by wrongful death. We will ensure that you receive justice and fair compensation for your losses while maintaining compassion at every stage of the process.
In order to successfully file a wrongful death claim in Georgia, there are several pieces of evidence must be provided. The following documents may be needed:
- Proof of the at-fault party’s negligence or recklessness: This may include witness accounts, medical records, police reports, or other documents.
- Death certificate: A copy of the official death certificate is required for all wrongful death claims.
- Documentation of damages: Evidence such as medical bills and funeral costs should be included to demonstrate how much compensation is being sought.
- Evidence of relationship: Family members filing a wrongful death claim must show proof that they were related to the deceased individual at the time of their passing and that the estate of the deceased is properly set up with a legal representative appointed.
- Litigation documentation: This includes all paperwork related to the wrongful death claim, such as pleadings and motions filed with either the court or at-fault parties.
Yes, you can still file a wrongful death claim in Georgia even if the deceased person did not have a will. In Georgia, the right to bring a wrongful death claim is generally based on the statutory hierarchy of eligible claimants, rather than the presence or absence of a will. The eligible parties who can file a wrongful death claim include:
- Surviving Spouse: The surviving spouse has the first right to file a wrongful death claim.
- Children: If there is no surviving spouse, the surviving children of the deceased person may file a wrongful death claim.
- Parents: In cases where the deceased person was not married and had no surviving children, the surviving parents of the deceased may file a claim.
- Estate Representative: If there are no surviving spouses, children, or parents eligible to file the claim, the executor or administrator of the deceased person’s estate can bring a wrongful death claim on behalf of the estate and distribute any damages recovered according to Georgia’s intestate succession laws.
The presence or absence of a will typically does not impact the right of eligible family members or the estate representative to bring a wrongful death claim. The focus is on the relationship of the claimants to the deceased person and their eligibility under Georgia law.
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At Hagood Injury Law we don’t churn out cases, settling them for a fraction of their full value. Our personal injury lawyers are dedicated to fighting for the rights of injured victims because we know just how much an injury disrupts someone’s life. You’re entitled to justice if you or a loved one are injured in a car accident – especially if the accident results in a death. No amount of money will ever undo your suffering, however, but obtaining monetary compensation will be a big help in getting you back on your feet.
Hagood Injury Law is ready to provide you with the effective and compassionate legal service you need to successfully claim what you deserve. If you’ve been in a car accident in Georgia or anywhere else in the state, determining your best course of action isn’t easy without an experienced Georgia auto accident attorney. At Hagood Injury Law, we know how to step in and take care of the details that protect your rights and options, assuring you of the compensation you need and deserve.
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