Were you injured in a wrongful death incident in Marietta, GA?

At Deitch + Rogers, we are trusted wrongful death lawyers serving clients across Marietta, GA and the surrounding area.

If someone in your family was killed because a property owner or business in Marietta failed to provide adequate security, you may have a civil wrongful death claim against the responsible parties. These cases are different from criminal proceedings. A criminal case is brought by the state to punish the person who committed the crime. A civil wrongful death action holds the property owner, landlord, or management company accountable for the conditions that allowed the violence to happen. Deitch + Rogers has pursued civil claims on behalf of crime victims’ families for more than 40 years. Our Marietta, GA wrongful death lawyer offers a free initial consultation to help you understand your legal options.

Wrongful Death Lawyer Marietta, GA

A wrongful death claim allows surviving family members to seek compensation when another party’s negligence causes or contributes to the death of a loved one. In the context of crime victim law, these claims are filed against property owners, landlords, hotels, apartment management companies, and other businesses that failed to maintain safe premises or provide reasonable security.

The civil case does not require a criminal conviction. Even if no one is charged with the crime, or if the criminal case results in an acquittal, the family may still pursue a wrongful death claim in civil court. The burden of proof in civil cases is lower than in criminal proceedings, which is an important distinction for families seeking compensation for their loss.

Types of Wrongful Death Cases We Handle in Marietta

Wrongful death claims arising from violent crimes on someone else’s property take many forms. At Deitch + Rogers, we focus exclusively on representing the families of victims who died because of a property owner’s failure to provide a safe environment. These are the types of wrongful death cases we handle in Marietta, GA and throughout Georgia.

Premises liability. Property owners owe a duty of care to people lawfully on their premises. When that duty is breached and a death results, the family may bring a wrongful death claim against the owner. Failed security systems, broken locks, poor lighting, and lack of security personnel are common contributing factors.
Negligent security. Some wrongful deaths occur because a property had no functioning security at all. Missing cameras, broken access gates, and absent patrol guards at properties with known crime histories make these cases particularly strong.
Apartment shootings and assaults. Apartment complexes with a history of violent crime must take reasonable steps to protect tenants. When management ignores repeated incidents and a tenant or visitor is killed, the landlord may bear liability for the death.
Hotel and motel violence. Guests rely on hotels and motels to maintain basic security. Deaths resulting from shootings, assaults, or other violence at properties that failed to address foreseeable risks give rise to wrongful death claims against the property owner.
Catastrophic injuries. Some victims survive an initial violent crime but later die from the severity of their injuries. Traumatic brain injuries, spinal cord damage, and gunshot wounds sustained on negligently secured properties can prove fatal weeks or months after the incident.
Commercial property violence. Gas stations, convenience stores, and retail locations are frequent sites of violent crime. When these businesses fail to take reasonable precautions against foreseeable criminal activity, and someone is killed as a result, the family may pursue a wrongful death claim.
Child care injuries. The death of a child at a daycare facility or childcare center is devastating. When a facility’s negligent supervision or unsafe conditions contribute to a child’s death, we pursue claims on behalf of the family.

Why Choose Deitch + Rogers as My Wrongful Death Lawyer in Marietta, GA?

Record of Wrongful Death Recoveries in Georgia

Deitch + Rogers has recovered more than $200 million for crime victims and their families. Several of those recoveries involve wrongful death cases directly, including a $46 million wrongful death premises liability verdict, a $5.1 million verdict against a motel following a fatal hotel shooting, and a $1.35 million settlement in an apartment shooting death.

Founding Partner Andrew Rogers graduated from Georgia State University College of Law in 1988. He is a charter member of the National Crime Victim Bar Association, a member of the American Association for Justice, and has been recognized by Super Lawyers. Rogers has obtained some of the highest premises liability verdicts in Georgia, including in 2013, 2014, 2018, and 2019.

Founding Partner Gilbert Deitch has practiced law since earning his J.D. from the University of Tennessee College of Law in 1970. He is admitted to practice in all Georgia courts, the U.S. District Court for the Northern District of Georgia, and Tennessee courts. Deitch is a member of the Georgia Trial Lawyers Association and has published articles on premises liability in TRIAL Magazine and the Georgia State Bar Journal. Partner Kara Phillips, a National Trial Lawyers “Top 40 Under 40” nominee, also handles wrongful death matters at the firm.

We operate on a contingency fee basis. The firm advances all expenses, and you pay no attorney fees unless we recover compensation for your family.

What Is Important to Understand About a Wrongful Death Case?

Damages, Liability, and Compensation for Wrongful Death Cases

Georgia law provides for the recovery of the “full value of the life” of the deceased person in a wrongful death action. This is a broad measure of damages that goes well beyond medical bills and funeral costs. It includes the financial contributions the deceased would have made to the family, the value of care and companionship they provided, and the pain and suffering they experienced before death.

A wrongful death attorney in Marietta can help the family identify all available categories of compensation, which may include lost future earnings and benefits, medical and funeral expenses incurred as a result of the fatal injury, loss of the deceased’s care, guidance, and companionship, and pain and suffering endured by the deceased before death.

Georgia also allows punitive damages in wrongful death cases where the defendant’s conduct was especially egregious or showed a willful disregard for the safety of others. In premises liability wrongful death claims, this can apply when a property owner had clear knowledge of dangerous conditions and chose not to act.

It is also worth understanding the distinction between a wrongful death claim and a survival action in Georgia. A wrongful death claim is brought by the surviving spouse or family. A survival action is brought by the estate and covers damages that belonged to the deceased person at the time of death. In some cases, both claims may be pursued.

What Are Important Aspects of a Wrongful Death Case?

Wrongful death cases involving crime victims require careful preparation. Several factors influence how the case develops and what it may be worth.

Who has standing to bring the claim under Georgia law, beginning with the surviving spouse
Whether the property owner had prior notice of security deficiencies or a history of criminal activity on the property
The quality and preservation of evidence, including security footage, incident reports, police records, and maintenance logs
The financial and personal impact of the death on the surviving family, including minor children

What Is the Wrongful Death Case Timeline?

Wrongful death cases involving crime victims follow a general litigation path, though the timeline varies based on the facts of each case.

Investigation and evidence gathering, which may begin immediately and can take several months
Filing the civil complaint within Georgia’s two-year statute of limitations under O.C.G.A. § 9-3-33, which applies to wrongful death claims as well as personal injury
Discovery, including depositions, document requests, and retained opinions from security and other relevant consultants, typically lasting six months to over a year
Settlement negotiations or mediation, which may happen at different stages of litigation
Trial, if the parties do not reach a resolution, which can extend the case by several additional months

What Should You Bring to Your Wrongful Death Consultation?

Gathering available documentation before the initial consultation allows us to assess the potential claim more efficiently. Bring what you have.

The police report or case number from the criminal investigation
Death certificate and any autopsy or medical examiner reports
Medical bills and records if the deceased received treatment before passing
Information about the property where the incident occurred, including the owner and management company
Any prior complaints, incident reports, or notices related to safety concerns at the property

We will walk through the circumstances of your loved one’s death, identify the potential defendants, and explain the legal process. The consultation is free, and there is no obligation to proceed.

What Are Important Georgia Legal Resources for Wrongful Death Cases?

Georgia law sets the framework for wrongful death claims. The following resources can help families understand the legal standards that apply.

Georgia’s statute of limitations for wrongful death claims is two years from the date of death under O.C.G.A. § 9-3-33. Missing this deadline typically prevents the family from filing a civil claim. The Georgia General Assembly website provides access to state statutes.
Georgia applies a modified comparative negligence standard. If the deceased is found to be 50 percent or more at fault, the family cannot recover. Otherwise, the recovery is reduced by the deceased’s percentage of fault.
The Georgia Criminal Justice Coordinating Council administers the Crime Victims Compensation Program, which may provide financial assistance to families of homicide victims.
The Bureau of Justice Statistics tracks crime victimization data that can support foreseeability arguments in wrongful death premises liability cases.

Reach Out to Deitch + Rogers to Schedule a Consultation

If your family has lost someone to a violent crime on another party’s property in Marietta, GA, Deitch + Rogers can help you evaluate your wrongful death claim. We handle these cases on a contingency fee basis, and the firm advances all costs. There are no upfront fees. The initial consultation is free and confidential. Contact us to speak with a Marietta wrongful death attorney about your case.

Marietta Wrongful Death Lawyer