Marietta wrongful death lawyer

Losing a loved one because of someone else’s negligence or misconduct is life-altering. Along with the emotional weight of that loss, families are often left facing funeral costs and the sudden loss of financial support. While no lawsuit can undo what happened, a wrongful death claim in Georgia may help protect your family’s financial stability and hold the responsible party accountable.

Under Georgia law, certain surviving family members may file a wrongful death claim to seek compensation when a death was caused by negligence. These claims are governed by specific statutes and strict filing deadlines. Call Nick Schnyder Law Firm at 404-777-2656 to discuss your legal options.

woman holding a white rose during a funeral - Marietta wrongful death lawyer

Compassionate Marietta wrongful death attorneys help your family

Nick Schnyder’s commitment to wrongful death cases is personal. After witnessing the consequences of repeated medical errors within his own family, he understands how quickly negligence can change the course of a loved one’s life. His experience mirrors that of many people like you and has motivated Nick and his team to deliver aggressive yet compassionate legal representation in wrongful death cases.

Nick Schnyder Law Firm has built its reputation on taking complex cases seriously. Our team prepares each case with the discipline and readiness required for trial, whether the matter ultimately resolves in negotiation or in the courtroom.

Our firm has built a record of handling complex, high-stakes cases across Georgia. That work has earned us professional recognition, including:

  • Fellow of the Litigation Counsel of America
  • Recognized by Georgia Trend’s Legal Elite
  • Member of the Multi-Million Dollar Advocates Forum
  • Member in good standing of the State Bar of Georgia
  • Member of the American Association for Justice

But what drives our work isn’t accolades; it’s the responsibility to stand with families who need strong representation when the stakes could not be higher.

What qualifies as wrongful death under Georgia law?

A wrongful death happens when a person dies because of another party’s negligent, reckless, intentional, or criminal conduct. Under O.C.G.A. § 51-4-2, certain surviving family members may pursue a civil claim for the “full value of the life of the decedent.”

To succeed, a wrongful death lawyer in Marietta must prove:

  • The responsible party owed a duty of care
  • That duty was breached
  • The breach caused the death
  • The surviving family suffered legally recognized damages

A civil wrongful death case is separate from any criminal prosecution.

Types of wrongful death cases we handle in Marietta

Wrongful death claims grow out of other serious accidents. When negligence in a car crash, medical setting, workplace, or on someone’s property leads to a fatal injury, we step in to investigate what happened and determine who is legally responsible.

At Nick Schnyder Law Firm, we represent families in Marietta and throughout Cobb County in wrongful death cases involving:

Car accidents

Fatal car crashes often involve distracted driving, impaired driving, speeding, or failure to yield. When another driver’s decisions lead to a loss of life, we build a case that focuses on clear evidence and accountability.

Truck accidents

Collisions with commercial trucks are different from ordinary vehicle accidents. These cases may involve maintenance failures or violations of federal safety rules. We look beyond the driver to determine whether the trucking company or another entity shares responsibility.

Motorcycle accidents

Motorcyclists are especially vulnerable on Georgia roads. When a driver fails to yield or overlooks a rider, the consequences can be fatal. We evaluate the full circumstances of the crash to determine liability.

Medical malpractice

Some wrongful death cases begin in hospitals or medical offices. Medical malpractice can involve a missed diagnosis, a surgical error, or a failure to monitor a patient, with irreversible consequences. We examine medical records and consult qualified experts to assess whether the standard of care was violated.

Workplace accidents

Fatal workplace accidents may involve construction sites, industrial settings, or transportation jobs. While workers’ compensation often applies, there are situations where a third party, such as a contractor or equipment manufacturer, may also be legally responsible.

Premises liability

Property owners have a legal duty to address dangerous conditions. Fatal falls, inadequate security, or structural hazards may support a wrongful death claim when evidence shows the danger was ignored.

Product liability

When a dangerous or defective product causes a fatal injury, responsibility may extend to the company that designed, manufactured, or distributed it. These cases require careful technical and legal analysis.

Who can file a wrongful death lawsuit in Georgia?

Georgia law establishes a specific order of priority. A wrongful death attorney in Marietta can review your family structure and confirm who has legal standing. If multiple eligible relatives exist, Georgia law also governs how any recovery is divided among them. In most cases:

  1. The surviving spouse has the first right to file.
  2. If there is no spouse, the children may file.
  3. If there is no spouse or children, the parents may file.
  4. If none of these relatives survive, the estate representative may file for the benefit of the next of kin.

What compensation is available in a Georgia wrongful death case?

Georgia law allows families to recover both financial losses and intangible losses resulting from a wrongful death. Compensation for economic and non-economic damages may include:

Economic losses

  • Lost future income and earning capacity
  • Lost benefits and household services

Non-economic losses

  • Loss of companionship and guidance
  • Loss of enjoyment of life

In addition to the wrongful death claim, the estate may pursue a separate claim for medical expenses, funeral costs, and any conscious pain and suffering experienced before death.

See how we help families like yours

Losing a loved one, then facing the difficult decisions you need to make when pursuing a wrongful death claim, can be overwhelming. Our Marietta wrongful death lawyer provides compassionate support throughout the legal process. We treat you and your family with the dignity and respect you deserve. 

“I had a great experience working with the Nick Schnyder Law Firm, LLC. From start to finish, they were professional, responsive, and truly cared about helping my mom and I through a stressful situation. The team kept us informed, answered our questions, and worked hard to get us a fair outcome.” — Shanta O.

“I would like to thank Nick Schnyder and his entire team for helping my loved one. Their swift action, communication, professionalism, and support were the utmost best. I am very grateful for such a smooth process.” — Natashalee S.

 

FAQs about Georgia wrongful death legal claims

Who files the wrongful death claim if there are no immediate family members?

Expandir

Georgia law permits the personal representative of the estate (the executor of the will or the estate administrator) to file a claim for the benefit of the next of kin.

What is the statute of limitations for wrongful death claims in Georgia?

Expandir

In most cases, a wrongful death lawsuit must be filed within two years of the date of death under O.C.G.A. § 9-3-33. Certain circumstances, including related criminal proceedings, may pause the deadline.

Can a wrongful death claim be filed if the deceased was partially responsible?

Expandir

Georgia follows a modified comparative fault rule. If the deceased was 50% or more responsible for the incident, recovery is barred. If responsibility was less than 50%, any recovery may be reduced in proportion to fault.

What is the difference between a wrongful death claim and an estate claim in Georgia?

Expandir

A wrongful death claim compensates surviving family members for the value of the life that was lost. It focuses on the legal value of the life that was lost. An estate claim compensates for losses that occurred before death. This may include medical bills related to the fatal injury, funeral expenses, and any pain and suffering the person experienced prior to passing. Both types of claims may be filed in the same case, depending on the circumstances.

Local resources for families after a wrongful death in Marietta

Cobb County Medical Examiner’s Office
Provides death investigations and official reports.
736 Whitlock Ave NW, Suite 200
Marietta, GA 30064
(770) 528-8800

Cobb County Probate Court
Handles estate administration, including appointment of personal representatives.
32 Waddell Street
Marietta, GA 30090
(770) 528-1900

Wellstar Kennestone Regional Medical Center
677 Church Street NE
Marietta, GA 30060
(770) 793-5000

GriefShare – Cobb County Support Groups
Faith-based grief recovery groups with multiple local meeting locations.

Nick Schnyder Law Firm, LLC

351 Atlanta St SE, Marietta, GA 30060

404-777-2656

Get the help you need from our Marietta wrongful death lawyers

If you lost a loved one due to negligence in Marietta or anywhere in Cobb County, you do not have to navigate the legal process alone. The Nick Schnyder Law Firm is the legal ally you need by your side as you pursue justice after your unexpected loss. We fiercely fight for your rights and your family’s best interests. Call our firm today at 404-902-3553 for a free consultation.

Injured And Need A Fighter?
Call Nick Schnyder!

Schedule a free consultation.
404-999-1111

New Home Form

This field is for validation purposes and should be left unchanged.