Wrongful Death Claims in Kennesaw: Answers for Grieving Families

Wrongful Death Claims in Kennesaw: What Families Need to Know

When someone dies because of another person’s negligence or wrongful act, Georgia law allows the family to file a civil lawsuit called a wrongful death claim. This claim seeks compensation for the family’s losses—not to punish the person responsible, but to help the family recover financially from the tragedy. If you’ve lost a loved one in Kennesaw or the surrounding area, understanding how these claims work and what deadlines apply is the first step toward protecting your family’s rights.

What Is a Wrongful Death Claim in Georgia?

A wrongful death claim is a civil lawsuit filed when someone’s careless or reckless conduct causes another person’s death. It’s distinct from a criminal case; the goal is to compensate the family, not to send anyone to jail. These claims can arise from many types of accidents: car, truck, or motorcycle collisions; pedestrian accidents; falls on unsafe property; dog bites; or nursing home neglect. Georgia law recognizes the right of certain family members to recover damages when negligence leads to death.

Who Can File a Wrongful Death Lawsuit in Kennesaw?

Georgia law is clear about who has the legal right to file. You don’t need to be the one filing the papers—an attorney can guide your family through the process and handle the legal steps.

Filing deadlines apply to these claims, and the exact deadline depends on the facts of each case. If you’re unsure whether your deadline has passed, contact an attorney immediately.

Who Gets the Money in a Wrongful Death Lawsuit in Georgia?

Under O.C.G.A. § 51-4-2(d), if both a surviving spouse and children survive the deceased, the spouse receives no less than one-third of the recovery. Under O.C.G.A. § 51-4-2(d), any amount recovered under subsection (a) shall be equally divided, share and share alike, among the surviving spouse and the children per capita, with the descendants of children taking per stirpes. Notwithstanding that equal division, the surviving spouse shall receive no less than one-third of such recovery as such spouse’s share. If only a spouse survives, the spouse receives the entire recovery. If only children survive, they divide the recovery equally.

What Damages Can Be Recovered?

Georgia law allows recovery for the “full value of the life” of the deceased. This includes:

• Lost wages and earning capacity — what the deceased would have earned during their remaining work years
• Funeral and burial expenses
• Medical bills incurred before death
• Loss of parental guidance (if a parent died)

Georgia does not cap wrongful death damages. However, each case is unique, and compensation depends on the deceased’s age, earning potential, the strength of evidence, and the degree of negligence involved. An attorney will review your family’s specific circumstances to discuss what may be recoverable—never a promise, but an honest assessment based on the facts.

Georgia’s Critical Timelines: The Statute of Limitations

Filing deadlines apply to these claims, and exceptions and tolling rules can change when a deadline runs. If your loved one died two years ago or longer, you’ve likely missed the deadline—but consult an attorney immediately to be certain.

Special rule for municipal claims: If your claim is against the City of Kennesaw or another municipal entity, you must first present a written claim to the municipality within six months of the death. This is a separate requirement from the two-year lawsuit deadline. Missing this six-month window can bar your claim against the municipality.

How to Prove Negligence in a Wrongful Death Case

1. Duty of care. The defendant owed a legal duty to the deceased—for example, a driver owes a duty to operate their vehicle safely, or a property owner owes a duty to maintain safe premises.

2. Breach. The defendant breached that duty through careless, reckless, or negligent conduct—for example, speeding, running a red light, or failing to repair a known hazard.

3. The defendant’s conduct must be the proximate cause of the fatal injury.

4. Damages. Your family suffered measurable losses—financial and non-financial—as a result of the death.

Evidence supporting these elements may include accident reports, medical records, witness statements, photographs, testimony from qualified professionals, and records of the deceased’s income and expenses.

What If the Deceased Was Partially at Fault?

Georgia follows a rule called “modified comparative fault.” Under O.C.G.A. § 51-12-33, if the deceased was 50 percent or more responsible for their own death, your family recovers nothing. Under O.C.G.A. § 51-12-33, where the plaintiff is to some degree responsible for the injury or damages claimed, the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault. For example, if a jury finds the deceased 20 percent at fault and awards $100,000 in damages, your family receives $80,000.

Common Causes of Wrongful Death in Kennesaw

Wrongful death claims in the Kennesaw area commonly arise from:

• Motor vehicle accidents — car, truck, and motorcycle collisions, including pedestrian accidents
• Unsafe property conditions — falls, inadequate maintenance, hazardous stairs, or poor lighting
• Negligent security — deaths resulting from criminal acts on poorly secured premises
• Nursing home or assisted living negligence — abuse, neglect, medication errors, or failure to provide proper care
• Dog bites or animal attacks

What Happens When You Contact Our Firm

When you reach out to discuss your family’s situation, here’s what typically happens:

Initial consultation. You share what happened; the attorney listens carefully and asks clarifying questions to understand the circumstances of the death, who was involved, and what evidence exists.

Case evaluation. The firm reviews whether Georgia law allows a claim, whether the two-year deadline has passed, and whether there is a viable path forward based on the facts you’ve shared.

No obligation. A free consultation does not commit you to anything. You can ask questions, get information, and decide whether to move forward.

Representation. If the firm takes your case, it typically works on a contingency basis—meaning you pay no upfront attorney fees. However, you may still be responsible for case costs (such as court filing fees, fees for professional witnesses, and investigation expenses) even if the case doesn’t result in a recovery. The attorney will explain this clearly before you agree.

Investigation and negotiation. Once retained, the attorney investigates the death, gathers evidence, negotiates with insurance companies and the defendant’s counsel, and prepares for trial if necessary.

Frequently Asked Questions About Wrongful Death Claims

Next Steps for Your Family

If you’ve lost a loved one in circumstances that may involve someone else’s negligence, take these steps:

• Gather documents: accident or incident reports, medical records, the death certificate, and insurance information.
• Write down what happened and note the names and contact information of any witnesses.
• Confirm the date of death to ensure you are within Georgia’s two-year window.
• Contact our firm to discuss your family’s situation in a free, confidential consultation with no obligation to continue.

Losing a loved one is devastating. If that loss resulted from someone else’s carelessness, your family may have a legal right to seek compensation. The two-year deadline is real and unforgiving, so reaching out sooner rather than later protects your family’s rights. Contact us to discuss what happened and what may be possible for your family.