Did another party’s negligence cause the death of a family member in Kennesaw?
At Burrow & Associates, LLC, we help Kennesaw families pursue full recovery after a death caused by another party’s negligence.
If a family member died because another person or company failed to act with reasonable care, your family may have the right to recover compensation under Georgia law. A Kennesaw, GA wrongful death lawyer can explain who is eligible to file and what that recovery includes. Burrow & Associates, LLC has represented injured people and families throughout Georgia for more than 30 years. Consultations are free, and we handle these cases on contingency.
Wrongful Death Lawyer in Kennesaw, GA
A wrongful death claim is a civil case brought when someone dies because of another party’s negligent, reckless, or intentional conduct. It is separate from any criminal case the state may pursue, and it allows a family to recover the financial and human value of the life that was lost.
Cobb County, which includes Kennesaw, recorded 57 traffic deaths among 27,604 reported crashes in 2024, according to state highway safety data. Not every fatal accident supports a claim. But when a death was preventable, the family of the person who died generally has the right to pursue compensation from the responsible party.
Types of Wrongful Death Cases We Handle in Kennesaw
Wrongful death claims arise from many kinds of incidents. The common thread is a death caused by another party’s negligence. These are the cases our attorneys handle for Kennesaw families.
- Car accidents. Most wrongful death claims in this area begin with a vehicle crash. When speeding, distraction, or a failure to yield causes a fatal collision, the at-fault driver and their insurer are responsible for the loss. We investigate how the crash happened and identify everyone who may share fault.
- Truck accidents. A loaded tractor-trailer can weigh many times what a passenger vehicle does, and a crash at highway speed is often fatal. Liability may extend to the driver, the trucking company, and the businesses that loaded or maintained the truck. Logbooks and electronic data can be lost quickly, so early investigation matters.
- Motorcycle accidents. Riders have little protection in a collision, and drivers who fail to see a motorcycle cause many fatal wrecks. Insurers often shift blame to the rider to reduce a payout. We respond with evidence.
- Pedestrian accidents. A person on foot has no protection against a moving vehicle. Fatal pedestrian crashes commonly occur at crosswalks, in parking lots, and on roads without sidewalks or adequate lighting.
- DUI accidents. When an impaired driver causes a death, the family may have a civil claim that is separate from the state’s criminal case. The two proceed independently, and a criminal outcome does not decide the civil claim.
- Catastrophic injuries. Some victims survive for days or weeks before dying from their injuries. The claim belongs to the family, and the filing deadline runs from the date of death rather than the date of the injury.
- Uber accidents. Rideshare crashes raise coverage questions because more than one insurance policy may apply. We identify every available source of coverage.
- Medical malpractice. A preventable death caused by a misdiagnosis, a surgical error, or a medication mistake can support a wrongful death claim. These cases require review by qualified medical professionals before they move forward.
- Nursing home neglect. When understaffing, poor supervision, or neglect causes a resident’s death, the facility can be held responsible.
Why Choose Burrow & Associates, LLC as Your Wrongful Death Lawyer in Kennesaw, GA?
More Than 30 Years Representing Georgia Families
Our founder and managing attorney, Darrell L. Burrow, has practiced law in Georgia since his admission to the State Bar in 1992. He established Burrow & Associates, LLC in 1996 and practices in both personal injury and bankruptcy. He holds an AV-Preeminent rating through Martindale-Hubbell, the highest peer rating for legal ability and ethical standards. His work has been recognized by Super Lawyers. He is a member of the National Trial Lawyers and earned his law degree from the Alabama School of Law. That background is what you want in a personal injury lawyer in Kennesaw, GA.
Results in Serious Injury and Wrongful Death Cases
Case outcomes depend on the facts, and no lawyer can promise a specific result. Our firm has recovered millions of dollars for injured clients and families across Georgia, including an $885,000 recovery in a wrongful death case. We handle wrongful death claims on contingency, so there are no attorney fees unless we recover compensation for your family.
Understanding Wrongful Death Cases in Georgia
Damages, Liability, and Compensation for Wrongful Death Cases
Georgia handles wrongful death damages differently from most states. Two separate claims usually arise out of a single death.
The first is the wrongful death claim itself, which seeks the “full value of the life of the decedent.” Georgia measures this from the perspective of the person who died, and it is not reduced by the personal expenses that person would have had while living. It has two parts:
- Economic value, such as lost income, lost benefits, and the household services the person provided. A forensic economist typically projects these figures over the person’s expected working life.
- Intangible value, meaning the worth of the experiences and relationships the person lost. A jury decides this figure.
The second is the estate’s claim, sometimes called a survival action. It covers the losses the person incurred before death, including medical bills, funeral and burial expenses, and any conscious pain and suffering. Punitive damages are not part of the wrongful death claim, but the estate’s claim may seek them when the conduct was egregious, such as a death caused by impaired driving.
Liability follows ordinary negligence principles. The family must show the other party owed a duty of care, failed to meet it, and caused the death. Georgia applies a modified comparative fault rule, so a recovery is reduced by the deceased’s share of fault and barred entirely if that share reaches 50 percent.
What Are Important Aspects of a Wrongful Death Case?
Several features distinguish wrongful death claims from other injury cases.
- Only certain people can file. Georgia gives the surviving spouse the first right to bring a wrongful death claim. If there is no spouse, the children may file; if there are no children, the parents; and if none survive, the estate’s representative. When a surviving spouse files on behalf of minor children, the spouse must represent their interests and receive no less than one-third of the recovery.
- The deadline runs from the date of death, not the date of the accident. A person may survive an injury for weeks before passing, and the clock starts at death.
- Evidence degrades over time. Vehicles are repaired, video is overwritten, and witness memories fade. Prompt investigation preserves it.
What Is the Wrongful Death Case Timeline?
Most wrongful death cases follow the same general path.
- Investigation. We gather the police report, medical records, and any available footage, then determine who may share responsibility.
- Filing. Georgia sets a two-year deadline that generally runs from the date of death, so protecting that window is an early priority; the suit itself is filed with the Cobb County State Court or Superior Court. If a government entity may be at fault, a shorter notice deadline can apply.
- Discovery. Both sides exchange evidence, produce documents, and take depositions under oath.
- Negotiation. Many claims resolve through a settlement once liability and the value of the loss are established.
- Trial. If the insurer will not offer fair compensation, the case goes before a jury.
Documenting the incident early protects the claim, which is why we advise families to report the accident and keep every record.
What Should You Bring to Your Wrongful Death Consultation?
You do not need a complete file to meet with us. Bring whatever you already have, and we will help you gather the rest.
- The death certificate and any accident or police report.
- Medical bills and records related to the injury and the death.
- Funeral and burial expense records.
- Insurance information and any correspondence from an insurer or adjuster.
- The name of anyone you believe was involved or at fault.
A first meeting is a conversation, not a commitment. We will explain whether you have a claim and lay out your options before you decide anything. If you are still deciding what to do after an accident that caused a death, the consultation brings clarity and assurance.
Reach Out to Burrow & Associates, LLC to Schedule a Consultation
If you lost a family member to another party’s negligence, our attorneys can review the facts, explain your rights under Georgia law, and handle the claim from filing through resolution. Consultations are free, and there are no attorney fees unless we recover compensation for your family. Contact us to schedule a review of your case.
