Marietta Wrongful Death Attorneys

Millions Recovered in Wrongful Death & Survival Actions

If you lost a loved one due to the negligence or wrongful act of another, you may be entitled to compensation.

In Georgia, families have a right to take legal action against parties they claim are responsible for the preventable death of a loved one. However, insurance companies view wrongful death cases as high-value claims that threaten their bottom line, and they work aggressively to deny liability and pay as little as possible. To level the playing field, you need experienced attorneys. 

The Kalka Law Group is an award-winning law firm that focuses on fighting for victims and families in personal injury and wrongful death cases. With a team of nationally recognized trial lawyers, we’ve helped grieving families across Cobb County and beyond recover millions of dollars in compensation in wrongful death and survival actions – and we are available to discuss how we can help you. 

Speak with a Marietta wrongful death lawyer near you about your rights and options. Call (678) 270-2377 or contact us online for a FREE consultation.

How Does a Wrongful Death Lawsuit Work in Georgia?

In Georgia, certain surviving family members are eligible to pursue legal action against parties they claim to be responsible for a loved one’s death. 

Like personal injury claims, wrongful death actions generally claim that the defendant is liable (financially responsible) for causing a victim’s death. In most cases, families file wrongful death suits when death is caused by negligence. But there are situations where claims can be brought when death is caused by intentional acts. 

Some examples of situations that could give rise to wrongful death actions include:

  • Intentional homicide
  • Car accidents caused by negligent drivers
  • Surgical errors, birth injuries, and other forms of medical malpractice
  • Property owner negligence / negligent security
  • Nursing home negligence and abuse
  • Defective products and dangerous medications or medical devices
  • Exposure to toxic substances
  • Drownings and swimming pool accidents

In Georgia, many wrongful death cases involve two distinct but closely related claims: 

  • A wrongful death action, which is brought by surviving family members and intended to provide compensation for “the full value of life of the decedent” (O.C.G.A. § 51-4-2.); and
  • A survival action, which is brought on behalf of a decedent’s estate for damages that the deceased would have been entitled to in a personal injury action had they survived. This can include damages for pain and suffering endured before death, as well as medical expenses or lost income incurred between the time of injury to the time of death. 

To succeed in a wrongful death lawsuit in Georgia, you typically need to prove certain key elements. Wrongful death laws can vary from state to state, but in Georgia, you generally must establish the following elements:

  • Duty of Care: You must demonstrate that the defendant (the party you're suing) owed a duty of care to the deceased person. Duty of care refers to the legal obligation to act reasonably and prudently to prevent harm to others. For example, a motorist has a duty to drive safely and obey traffic laws.
  • Breach of Duty: You must show that the defendant breached their duty of care through their actions or negligence. This means proving that the defendant failed to act in a reasonable and prudent manner, leading to the death of the individual. For example, if the defendant was driving recklessly or negligently and caused a fatal accident, this could be considered a breach of duty.
  • Causation: You need to establish a direct link between the defendant's breach of duty and the death of the individual. In other words, you must prove that the defendant's actions were the proximate cause of the deceased person's demise. This can sometimes be a complex legal concept and may involve expert testimony.
  • Damages: You must demonstrate that you, as the plaintiff, suffered actual damages as a result of the death. This can include both economic and non-economic losses such as medical bills, funeral expenses, lost financial support, and the emotional pain and suffering resulting from the loss of a loved one.

Our team at The Kalka Law Group can help you better understand the difference between wrongful death and survival actions in Georgia and whether they’re a viable course of action for your situation. 

Who Can Bring a Wrongful Death Suit in Georgia?

Per O.C.G.A. § 51-4-2, only qualifying relatives of a deceased person can bring wrongful death lawsuits. Which relatives those are will depend on a few factors. For example:

  • If the decedent was married at the time of death, a surviving spouse can bring the wrongful death lawsuit. In some cases, courts may authorize surviving children to bring the claim if the surviving spouse is unable to do so. 
  • If the decedent was unmarried and had no children, Georgia law authorizes the victim’s surviving parents to bring the wrongful death suit. Surviving parents may bring the claim jointly if they are married or separately if they are not married. 
  • If there is no spouse, children, or surviving parent, the wrongful death lawsuit can be brought by the victim’s estate. A recovery on that action would become part of the estate for the purpose of distributing to heirs named in a will or by intestate succession. 

How Much is a Wrongful Death Case Worth?

It depends. Wrongful death cases are fact-specific matters, and compensation can vary from one case to the next. Generally, compensation is awarded for the “full value” of the victim’s life (O.C.G.A § 51-4-2(a)). This includes two essential components: 

  • Economic value, which includes the income and benefits a victim would have earned had they lived an average lifespan, and the value of the services they would have performed, such as home maintenance, preparing meals, etc.
  • Noneconomic value, which refers to intangible and emotional losses. From the perspective of the victim, noneconomic losses may include lost opportunities to watch children grow and have children of their own, lost companionship and time spent with a spouse, and loss of enjoyment of activities over the course of a full life. 

In addition to damages recovered through a wrongful death action, families can also benefit from damages obtained through survival actions, which are filed by the estate of the decedent or a representative.

Examples of damages recoverable in Georgia survival actions:

  • Medical expenses incurred prior to death (from the incident which caused death)
  • Lost income during the period between injury and death, if applicable
  • Pain and suffering 
  • Burial / funeral services
  • Other necessary expenses resulting from the injury and death of decedent

Examples of Our Results

  • $11 million for a client who was paralyzed after being rear-ended by a cement truck
  • $3.6 million for a client who suffered a brain injury in a drunk driving crash. The settlement was obtained against the drunk driver and the restaurant who served him.
  • $2.25 million for a bus accident victim whose vehicle was struck by a charter bus on I-75. The settlement included a recovery for the wife’s loss of consortium. 
  • $1.875 million for family of a victim killed in a fatal truck accident on I-95. Our investigation found that the driver had violated FMCSA hours-of-service rules. 
  • $1.1 million recovery over the wrongful death of a victim whose vehicle was struck by a negligent truck driver crossing GA 316.
  • $1 million for client who suffered serious injuries resulting in double amputation after a reckless driver struck his work truck. 

Call (678) 270-2377 For a FREE Consultation with an Attorney in Your Area

The Kalka Law Group is comprised of compassionate trial lawyers who care deeply about helping families fight for justice. With decades of experience and the insight of award-winning attorneys, we have what it takes to guide you through the legal process and toward the compensation you deserve.

Here are some of the key advantages:

  • Legal Expertise: Wrongful death cases can be complex, involving various laws, regulations, and legal procedures. Hiring a Marietta wrongful death lawyer from Kalka Law Group means you have access to professionals who are well-versed in Georgia's wrongful death laws and have a deep understanding of the legal intricacies involved in these cases.
  • Investigation and Evidence Gathering: A skilled attorney will thoroughly investigate the circumstances surrounding your loved one's death. They will gather evidence, interview witnesses, and work with experts if necessary to establish liability and build a strong case on your behalf.
  • Valuing Your Claim: Calculating the appropriate compensation in a wrongful death case is challenging. Attorneys at Kalka Law Group have the experience to assess the full extent of your losses, including medical expenses, funeral costs, lost income, and non-economic damages like pain and suffering, to ensure you receive fair and just compensation.
  • Negotiation Skills: Often, wrongful death cases are settled out of court through negotiations. Kalka Law Group lawyers are skilled negotiators who can advocate for your rights and strive to reach a favorable settlement that covers your needs and the financial burden caused by your loved one's death.
  • Litigation Experience: If a settlement cannot be reached, your attorney is prepared to take your case to court. Kalka Law Group lawyers have the experience and resources to represent you effectively in court, presenting a compelling case to a judge and jury if necessary.
  • Emotional Support: Losing a loved one is emotionally devastating. A wrongful death attorney can provide not only legal guidance but also emotional support during this difficult time. They can offer a compassionate and understanding presence as you navigate the legal process.
  • Efficient Handling of Paperwork and Deadlines: Legal cases involve a significant amount of paperwork and strict deadlines. Having an attorney on your side ensures that all necessary documents are filed correctly and on time, preventing potential delays or dismissal of your case.
  • Contingency Fee Arrangement: Many wrongful death attorneys, including those at Kalka Law Group, work on a contingency fee basis. This means you don't have to pay upfront legal fees. Instead, your attorney's fees are typically a percentage of the compensation you receive, making legal representation more accessible to those facing financial difficulties.
  • Focus on Recovery: By entrusting your case to a knowledgeable attorney, you can concentrate on healing and supporting your family through the grieving process, rather than getting bogged down in legal matters.
  • Increased Chances of Success: With the right legal representation, your chances of securing a favorable outcome in your wrongful death case are significantly higher. Experienced attorneys understand the strategies and tactics necessary to maximize your chances of success.

To discuss your matter and how we may be of assistance, please contact us for a FREE and confidential consultation. Our wrongful death attorneys serve clients across Marietta and the state of Georgia and work only on contingency – which means there’s no fee unless we win.


Checkout Our E-Book

Verdicts & Settlements

  • $11 Million Rear End Collision
  • $3.6 Million Drunk Driving Accident
  • $2.3 Million Failure to Maintain
  • $2.3 Million Charter Bus Accident With Severe Injuries
  • $1.9 Million Fatal Truck Accident
  • “Amazing Law Firm Goes Above and Beyond” - Jeremy
  • “Amazing Job!!!!” - Angelique Turner
  • “Amazing Job!!!!” - Angelique Turner
  • “Every other Lawyer gave me the run around...stop searching. Pick Matthew Broun” - Kristina R
  • “I am truly lucky, lucky to survive a semi truck and lucky to have found you guys!!” - Kelly Youssef
  • “Best law firm in Atlanta ” - Kytonia
  • “Best law firm in Atlanta ” - Kytonia R.
  • “Very professional attorney's ” - Rodney
  • “Their preparation was absolutely impeccable. Never have I seen a case handled and prepared for better.” - Wayne Koral
  • “I would recommend this firm without a doubt; Caroline and her team are very professional.” - Dobson Collins
    • Nationally Recognized by Legal Organizations
    • Perfect 10.0 Rating on Avvo
    • Included in U.S. News - Best Lawyers®
    • Selected for Inclusion in Super Lawyers®
    • Millions of Dollars in Settlements Recovered
    • You Pay Nothing Unless We Win



    Fill out the form below to schedule your free case consultation with an attorney.

    • Please enter your first name.
    • Please enter your last name.
    • Please enter your phone number.
      This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.