Wrongful Death

Wrongful Death Attorney in Marietta, GA

Direct Attorney Access, Day or Night, for Cobb County Families

Losing someone to another person’s negligence changes everything. Bettis Musgrove handles wrongful death claims throughout Marietta and Cobb County, and from the first call, families speak directly with the attorney on their case. Not a case manager. Not a receptionist. The attorney.

Ben Musgrove, recognized as a Super Lawyers Rising Star from 2019 to 2023, and Spenser Bettis, whose background includes military JAG service and law enforcement, lead every case with a disciplined, evidence-first approach grounded in the small-town Southern principles on which this firm was built. We manage the legal process so families can focus on one another.

If you’ve lost a family member due to someone else’s negligence, call us any time at (470) 347-1515. Free consultations are available, and we charge no fees unless we recover compensation for your family.

Why Marietta Families Choose Bettis Musgrove

Wrongful death cases demand attention at every stage. We handle everything from the initial investigation through insurance negotiation and, when necessary, trial preparation. Families aren’t left managing legal deadlines while they’re grieving.

Direct Attorney Access, Around the Clock
We’re available 24/7, and when you call, you reach your attorney. Clients have direct access to the attorney who knows every detail of their case.

No Fees Unless We Win
We work on a contingency fee basis. There are no upfront costs, and you pay nothing unless we recover compensation on your behalf.

Home and Hospital Visits
Families shouldn’t have to travel during the worst moments of their lives. We come to you.

A Disciplined, Strategic Approach
Spenser Bettis’s military and law enforcement background shapes how we build cases: thorough, methodical, and focused on the details that matter most to a jury or insurer. Client feedback consistently describes our work as professional with genuine care, with one client noting we “did exactly what he said he would.”

Support Beyond the Legal Process
We can connect families with physical therapy and counseling services when that support is needed. Our commitment doesn’t stop at the courtroom door.

Talk to a Wrongful Death Lawyer in Marietta Today

A free consultation costs nothing and carries no obligation. We’re available day or night at (470) 347-1515, and we’ll come to you if traveling isn’t possible. Georgia’s filing deadlines are strict, and the sooner we can review the facts of your case, the sooner your family can understand its legal options.

Call Bettis Musgrove now at (470) 347-1515. There are no fees unless we recover compensation, and we’re here whenever you need us.

What Qualifies as Wrongful Death Under Georgia Law

Under O.C.G.A. 51-4-1, wrongful death occurs when a person dies due to the legal fault of another, whether through negligence, recklessness, or intentional misconduct. The claim exists to hold that responsible party accountable and to seek compensation for the family for what was taken from them.

Common causes include fatal car, truck, and motorcycle accidents, medical malpractice, defective products, dangerous property conditions, and criminal acts. A claim may be filed whether the victim died at the scene or passed away later from injuries sustained in the incident. Both individuals and businesses can be named as liable parties. In a fatal commercial truck crash, for example, the driver and their employer may both face liability.

Civil wrongful death actions are entirely independent of any criminal proceedings. A civil claim can move forward even when criminal charges haven’t been filed or a conviction hasn’t occurred.

Who Can File a Wrongful Death Claim in Georgia

O.C.G.A. 51-4-2 establishes a clear hierarchy for who has the right to bring a wrongful death claim. When both a surviving spouse and children exist, the spouse shares the recovery with the children but may receive no less than one-third of the total award.

The filing hierarchy under O.C.G.A. 51-4-2:

Surviving spouse (first priority)
Children, if there is no surviving spouse
Parents, if there are no surviving spouse or children
Personal representative of the estate, if no eligible family members exist

Georgia’s Filing Deadlines

The two-year statute of limitations for wrongful death claims starts on the date of death, not the date of the underlying accident. That distinction matters. When a government entity is involved, the deadlines are shorter still.

Ante litem deadlines when a government entity is a defendant:

Six months for municipal entities under O.C.G.A. 36-33-5
Twelve months for county entities under O.C.G.A. 36-11-1
Twelve months for the State of Georgia under O.C.G.A. 50-21-26

Missing these deadlines can permanently extinguish the right to seek compensation. If all eligible plaintiffs are minors, the limitations period may be tolled under O.C.G.A. 9-3-90 while they remain under 18, after which the standard two-year period begins to run.

Contact Us Today

At Bettis Musgrove, we're always ready to take your call! Give us a call at (470) 347-1515 or fill out the form below to contact one of our team members.

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Serving Marietta and Cobb County Families

We handle wrongful death claims filed in Cobb County courts. Cobb County Superior Court holds general civil jurisdiction over wrongful death actions, and the State Court of Cobb County also carries unlimited civil jurisdiction over personal injury and wrongful death claims.

The roads in this county carry real risk. Interstate 75, Interstate 285, US Highway 41, and Cobb Parkway all see high traffic volume and contribute to a significant number of serious collisions each year. Fatal accidents in Cobb County frequently involve multiple liable parties: commercial trucking companies, property owners, product manufacturers, and local government entities. Each can come with different filing rules and deadlines, which is why familiarity with the courts and conditions here matters when building a wrongful death case.

Our attorneys understand the legal landscape in the Marietta area and are ready to apply that knowledge to your family’s case.

Compassionate & Honest Representation
We provide personal service and care for each client in order to deliver the best results possible.
Available for Help 24/7
No matter the time of night or day, you can count on our firm.
Free Consultations Available
Learn how our injury lawyers can help during a free consult.
You Don't Pay Unless We Win
You don't pay our firm a dime unless we win for you.

What Your Family Can Recover in a Georgia Wrongful Death Case

Georgia law recognizes two legally separate claims after a wrongful death, each covering different losses and paying out to different recipients. We pursue both on behalf of Marietta families when both apply, accounting for immediate costs and long-term losses alike. Every case gets individualized attention from the start because no two families and no two losses are the same.

The Wrongful Death Claim

The wrongful death claim under O.C.G.A. 51-4-2 compensates surviving family members for the full value of the decedent’s life, including lost wages and future earnings, household services, companionship, guidance, and the intangible value of life from the decedent’s own perspective. These damages go directly to surviving family members. Georgia imposes no statutory cap on wrongful death damages, though practical limits can arise from available insurance coverage.

The Estate Claim

The estate claim under O.C.G.A. 51-4-5 covers pre-death expenses: medical bills, ambulance and emergency costs, funeral and burial expenses, and the decedent’s own pain and suffering before death. These funds are distributed through the estate. Punitive damages are also available through the estate claim when a defendant’s conduct meets the clear and convincing standard of willful misconduct, malice, fraud, wantonness, oppression, or conscious indifference to consequences.

Contact a Wrongful Death Attorney in Marietta

Georgia’s filing deadlines are real and unforgiving. The two-year statute of limitations runs from the date of death, and when a government entity is involved, some deadlines are as short as six months. Reaching out early gives us time to preserve evidence, identify all liable parties, and build a well-supported claim for your family.

Call Bettis Musgrove at (470) 347-1515 any time, day or night. Free consultations are available with no obligation, we come to you if you can’t travel, and you pay nothing unless we recover compensation.

Proving Negligence in a Wrongful Death Case

Every wrongful death claim rests on four elements: the defendant owed a duty of care, that duty was breached, the breach proximately caused the death, and there are measurable damages. Civil cases use a preponderance of the evidence standard, meaning it must be more likely than not that the defendant is liable. That’s a lower bar than the beyond-a-reasonable-doubt standard used in criminal proceedings, but it still requires a well-built evidentiary record.

Evidence and Early Action

Evidence commonly used in these cases includes police reports, medical records, photographs and video, eyewitness statements, and analysis such as accident reconstruction. Early action matters because physical evidence, vehicle data, and witness accounts can disappear quickly. Insurance companies often make early settlement offers in wrongful death cases precisely to limit their exposure before a full investigation is complete, and those initial offers frequently don’t reflect the full value of the claim.

How We Build Your Case

We conduct thorough investigations from the start, gathering every relevant record and building a complete picture before any negotiation begins. Spenser Bettis’s military and law enforcement background informs how we approach evidence gathering: methodically, with attention to the details that move a case. We handle every stage of the process so families don’t have to manage legal deadlines while they’re grieving.