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 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. 

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

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.

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.


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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
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  • “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
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    • Millions of Dollars in Settlements Recovered
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