Marietta, Georgia · Cobb County
Wrongful death lawyer in Marietta
Village Counsel takes wrongful death claims across Marietta, Cobb County and the wider Atlanta metro — the heart of Cobb County. Free case review, and no fee unless we recover.
Georgia allows a family to recover the full value of the life of the person lost — not only the earnings, but the experience of living itself. The statute also dictates who may bring the claim and how any recovery is shared, and a separate estate claim covers medical bills, funeral costs and the pain the person endured before death.
Reviewed by Omar A. Cooper, Esq. · Village Counsel Law Firm, 260 Peachtree St NW, Atlanta, GA 30303
Local details
What a Marietta wrongful death claim involves locally.
- County
- Cobb County
- Where suit is filed
- State Court of Cobb County (Superior Court for certain claims)
- Who writes the report
- Marietta Police Department or Cobb County Police Department, depending on where the collision occurred
- Nearest major hospital
- Wellstar Kennestone Regional Medical Center, a Level I trauma center
- Where these losses most often occur
- I-75, Cobb Parkway (US-41), Roswell Road (GA-120), Powers Ferry Road, Windy Hill Road and the Big Chicken intersection at Cobb Parkway and Roswell Road
The deadline
Georgia generally allows two years from the date of injury to file suit (O.C.G.A. § 9-3-33). Claims against a city, county or state agency require written notice within six to twelve months.
Who is usually responsible
More than one party is often liable.
- The driver, business or property owner whose negligence caused the death, and their insurers
- An employer, where the responsible person was working at the time
- A trucking carrier, rideshare company or other commercial operator
- A product manufacturer, where a defect caused or contributed to the death
- A government entity — subject to strict written-notice deadlines as short as six months
The evidence that decides these cases
In rough order of how quickly it disappears.
- Police and medical examiner reports establishing cause and circumstances
- Scene evidence, vehicle data and camera footage, preserved before it is lost
- Employment and earnings records supporting the economic component of the claim
- Testimony from family and friends about the life lived — the intangible component Georgia law recognizes
- Medical and funeral bills for the estate's separate claim
What can be recovered
Four parts of a Georgia injury claim.
Medical costs
Every bill so far — ER, imaging, surgery, therapy — and what treatment your doctors say is still ahead.
Lost income
Wages missed while you healed, and any lasting change to what you can earn.
Future care
Ongoing treatment, equipment, home modifications, and help you may need for years.
The human cost
Pain, lost sleep, the things you can no longer do. It never appears on a bill, and Georgia law recognizes it anyway.
What to do now
The order matters more than people expect.
Get medical care — and keep going.
A continuous, documented treatment record is what makes an injury provable later. Gaps are the argument insurers make most often.
Report it.
A police or incident report creates a contemporaneous record that cannot be reconstructed afterwards.
Preserve what will disappear.
Photograph the scene, the vehicles or the hazard, and your injuries. Camera footage is usually overwritten within days; a written request to preserve it has to go out early.
Do not give the other side a recorded statement.
Not until you have spoken with a lawyer and know the extent of your injuries. You are not required to.
Get a free review.
Omar will tell you honestly whether there is a claim — including when the answer is no.
Questions people in Marietta ask
Who can bring a wrongful death claim in Georgia?
The surviving spouse first; if there is no spouse, the children; then a surviving parent; and otherwise the estate's administrator (O.C.G.A. § 51-4-2 and § 51-4-4). A spouse shares the recovery with any children, but never receives less than one-third.
What does 'full value of the life' mean?
Both the economic value — what the person would have earned and provided — and the intangible value of living: relationships, experiences and the ordinary pleasures of life, judged from the perspective of the person who died.
How long does the family have to file?
Generally two years from the date of death, though the clock can pause while a related criminal prosecution is pending. Claims involving a government entity require written notice far sooner.
Free case review
Talk to Omar about a Marietta wrongful death claim.
Free, confidential and reviewed by the attorney — not a call center. Call 404.905.8637 or send the details.
Our office is at 260 Peachtree St NW, Atlanta, GA 30303. We meet clients in Marietta by arrangement.
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General information about Georgia law, not legal advice for any individual situation. Court, agency and hospital references are for orientation; the proper venue depends on the facts of each case.