(678) 999-3331Atlanta Wrongful Death Attorneys
Losing a loved one to wrongful death in Atlanta is a devastating and life-altering experience. As one of the fastest-growing metropolitan areas in the country, Atlanta sees a high number of fatal accidents each year, including deadly car crashes on I-285, pedestrian accidents in Midtown, and catastrophic workplace injuries at construction sites and industrial hubs. Medical malpractice at Atlanta’s major hospitals and nursing home neglect also contribute to preventable deaths in the region. Families left behind not only struggle with overwhelming grief and financial hardship but also face complex legal challenges when trying to hold responsible parties accountable. While no amount of compensation can bring back a loved one, a wrongful death claim provides financial security and ensures that negligent individuals, corporations, or entities are held legally responsible for their actions.
At Karell Trial Attorneys, we understand that families need strong, experienced legal representation to navigate this challenging time. Our Atlanta wrongful death lawyers fight for justice on behalf of families who have lost a loved one due to fatal car accidents, medical malpractice, workplace negligence, defective products, and acts of violence. We are dedicated to securing the maximum compensation possible, covering funeral costs, medical bills, lost future income, and emotional suffering. If your family has suffered a wrongful death in Atlanta, you deserve compassionate yet aggressive legal advocacy—and our firm is prepared to fight for justice on your behalf.
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How Hiring Karell Trial Lawyers Can Make the Difference in Your Wrongful Death Claim
Navigating a wrongful death case requires legal experience, strategic investigation, and a deep understanding of Georgia law. Insurance companies and negligent parties will try to minimize their financial responsibility, making it critical to have an aggressive legal team advocating on your behalf. At Karell Trial Attorneys, we handle every aspect of the case, so you can focus on grieving and supporting your family.
Detailed Investigations into the Accident
Wrongful death cases require in-depth investigations to prove liability and establish the full impact of the loss on surviving family members. Our legal team immediately gets to work by collecting, analyzing, and preserving critical evidence, including:
Accident Reports and Police Records
Official reports provide a detailed account of how the fatal accident occurred, including:
- Statements from officers and investigators at the scene.
- Any citations or charges issued against the at-fault party (such as DUI or reckless driving).
- Diagrams of accident impact points that help reconstruct how the death occurred.
Medical Records and Autopsy Reports
Medical documentation is crucial in proving that the death was a direct result of the accident or negligence. We work with medical professionals to analyze:
- Emergency medical treatment provided before the victim passed away.
- The official cause of death, as noted in autopsy reports.
- Any underlying conditions that insurers may try to argue contributed to the fatality.
Eyewitness Statements
Eyewitness testimony can corroborate details of the accident, ensuring that inconsistent driver statements or insurance company defenses are exposed. Witnesses may confirm:
- Speeding, reckless driving, or distractions by the negligent party.
- Whether the deceased had the right-of-way (in pedestrian accidents, crosswalk fatalities, etc.).
- Any aggressive or negligent actions that led to the wrongful death.
Surveillance Footage or Dashcam Videos
Video evidence is one of the most powerful tools in proving wrongful death cases. If available, footage can:
- Capture the fatal accident in real time, leaving no room for dispute.
- Prove driver distraction, speeding, or reckless behavior.
- Provide insight into environmental factors, such as malfunctioning traffic signals, missing road signs, or poor lighting.
Expert Witness Testimony
Certain wrongful death cases require expert analysis to strengthen liability claims. We work with:
- Accident reconstructionists, who use forensic science to demonstrate how the collision occurred.
- Medical experts, who confirm how the injuries sustained directly caused death.
- Financial experts, who assess the financial impact of lost wages, medical bills, and long-term economic damages.
At Karell Trial Attorneys, we leave no stone unturned in our investigations, ensuring that every responsible party is held fully accountable for their actions.
Building a Strong Case for Maximum Compensation
A wrongful death claim is not just about proving fault—it’s also about ensuring that the surviving family members receive full and fair compensation for their loss. At Karell Trial Attorneys, we build powerful, trial-ready cases designed to secure the maximum possible settlement or jury verdict. Our approach is comprehensive, ensuring that no element of the family’s suffering goes unaccounted for.
Gathering Evidence to Prove Negligence
To hold the at-fault party responsible, we compile all available evidence, including:
- Surveillance footage, eyewitness accounts, and police reports.
- Medical records linking the injuries directly to the fatality.
- Expert testimony that shows fault and liability.
By setting up an undeniable case of negligence, we ensure wrongful death claims are taken seriously in negotiations and court proceedings.
Calculating Economic Damages
Economic damages provide financial compensation for tangible losses, including:
- Lost future income the deceased would have earned over their lifetime.
- Medical bills incurred before the victim passed away.
- Funeral and burial expenses, which can place a significant financial burden on families.
- Loss of health insurance, pension plans, or other benefits the deceased provided.
By working with financial experts and economists, we calculate the true financial impact of the loss and fight for full compensation on behalf of the family.
Accounting for Non-Economic Damages
Beyond financial losses, families experience immeasurable pain and suffering after losing a loved one. We ensure that non-economic damages are included in every claim, such as:
- Loss of companionship for a spouse or children.
- Mental anguish and emotional suffering experienced by the surviving family.
- The pain and suffering the deceased endured before their passing.
Insurance companies often undervalue these damages, but our firm aggressively fights to ensure families receive fair compensation for their emotional loss.
Preparing for Trial if Necessary
While many wrongful death cases are settled through negotiations with insurance companies, some require litigation to achieve fair compensation. Our firm is always prepared to take a case to trial, and we:
- Present expert testimony, accident reconstructions, and strong legal arguments.
- Challenge insurance company tactics that seek to reduce payouts.
- Fight for punitive damages, if the at-fault party acted with extreme negligence or reckless disregard for human life.
By building a strong, well-documented case, we increase the likelihood of securing the maximum compensation possible for our clients.
Bilingual Law Firm – Supporting Families Through Tragedy
At Karell Trial Attorneys, we believe that language should never be a barrier to justice. Families facing the tragedy of wrongful death deserve clear communication, compassionate support, and legal guidance they can fully understand. Our bilingual legal team is committed to serving both English and Spanish-speaking clients, ensuring that every family, regardless of their language preference, receives the representation they need.
We provide bilingual legal consultations, allowing families to fully understand their rights, legal options, and the process of filing a wrongful death claim. Additionally, we offer translation services for legal documents and court proceedings, ensuring that nothing is lost in translation and that our clients stay informed at every stage of their case. More importantly, we foster a supportive and inclusive environment, where grieving families feel comfortable, respected, and heard. No matter your language preference, Karell Trial Attorneys is dedicated to fighting for you and securing the justice your loved one deserves.
24/7 Support – Free Consultations
Wrongful death cases require urgent legal action, and families deserve immediate support during one of the most difficult times of their lives. That’s why Karell Trial Attorneys is available 24/7 to provide compassionate and dedicated legal assistance whenever you need it. Losing a loved one due to negligence is devastating, and the legal process can be overwhelming, but having immediate access to experienced legal representation ensures that your rights are protected from the start.
We offer free case evaluations to help you understand your legal options and what steps to take next. Our team provides immediate legal intervention, preventing insurance companies from taking advantage of grieving families by offering low settlements or delaying claims. We also maintain constant communication throughout your case, ensuring that you are always informed and supported. No matter when you need us, we are always here to provide the legal guidance and advocacy necessary to fight for justice and the compensation your family deserves.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed by surviving family members when their loved one’s death was caused by another party’s negligence, recklessness, or intentional misconduct. This legal action allows the deceased’s family to seek financial compensation for the emotional and economic losses they have suffered due to the premature death. Unlike criminal cases, where the state prosecutes an individual for illegal actions, a wrongful death claim is a civil matter, meaning the responsible party can be held financially accountable even if they are not convicted of a crime.
Wrongful death cases arise from a wide range of fatal incidents, including car accidents, medical malpractice, workplace accidents, defective products, nursing home neglect, and violent acts. In these cases, the plaintiffs (the surviving family members or estate representatives) must prove that the defendant’s actions (or failure to act) directly caused the death. These lawsuits aim to provide compensation for the financial and personal impact of the loss, helping families rebuild their lives after an unexpected tragedy.
Recoverable Damages in a Wrongful Death Claim
The financial and emotional toll of a wrongful death is overwhelming. A wrongful death claim seeks to compensate surviving family members for the losses they have suffered, including:
Medical Expenses Incurred Before Death
If the deceased required medical treatment after the accident but before their passing, the family may seek compensation for:
- Emergency medical care
- Hospitalization
- Surgeries or life-saving treatments
- Medications and other medical costs
- End-of-life care and hospice services
These expenses can quickly accumulate, placing a heavy financial burden on grieving families. A wrongful death lawsuit ensures these costs are covered by the responsible party.
Funeral and Burial Costs
Funeral expenses can be extremely costly, especially for families already struggling with unexpected financial hardship due to the loss of their loved one. A wrongful death claim can help cover:
- Funeral service expenses
- Burial or cremation costs
- Cemetery or memorial expenses
- Any related costs associated with honoring the deceased
Holding the negligent party accountable for these costs prevents families from bearing the financial burden of a death that should have been avoided.
Lost Income and Financial Support
The sudden loss of a loved one can create long-term financial instability, especially if the deceased was the primary breadwinner or provided substantial financial support to their dependents. Families can seek compensation for:
- Lost wages and income the deceased would have earned
- Future earning potential, considering career trajectory and benefits
- Loss of health insurance, retirement savings, and other benefits
- Loss of financial contributions to household expenses and daily needs
For families who relied on the deceased for financial security, a wrongful death claim ensures that they are compensated for the economic void left by their loved one’s passing.
Pain and Suffering Endured by the Family
Beyond financial losses, wrongful death claims acknowledge the intangible emotional suffering that comes with losing a loved one. Families may be compensated for:
- Loss of companionship and emotional support
- Mental anguish and emotional distress
- Loss of parental guidance for children of the deceased
- Grief and suffering that impacts the family's well-being
While no amount of money can replace the presence of a lost loved one, compensation for pain and suffering helps ease the burden and ensures families receive the support they need during their grieving process.
Wrongful Death Claims vs. Criminal Charges
It’s important to understand that a wrongful death claim is separate from any criminal charges that may be filed against the responsible party. For example, if someone is killed by a drunk driver, the state may charge the driver with vehicular manslaughter or DUI-related homicide, resulting in criminal penalties such as jail time, fines, or probation. However, these criminal proceedings do not provide compensation to the victim’s family.
A wrongful death lawsuit allows families to pursue financial justice in a civil court, regardless of whether the responsible party was arrested, charged, or convicted in a criminal case. Even if the defendant avoids jail time, they can still be held financially accountable for the harm they caused.
Why Filing a Wrongful Death Claim is Important
Losing a loved one due to negligence or wrongful actions is devastating, but pursuing a wrongful death claim serves several critical purposes:
- Holding negligent parties accountable for their reckless or harmful behavior
- Securing financial stability for surviving family members
- Preventing similar incidents by sending a message that negligence has consequences
- Providing closure to families seeking justice for their loved one
At Karell Trial Attorneys, we understand that no amount of money can replace the life lost, but a wrongful death claim can help families regain financial security and ensure justice is served.
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Atlanta’s crowded roads also present significant risks, leading to cases of wrongful death that result from preventable accidents. These tragedies often arise from negligent behaviors, such as distracted driving, reckless actions, or the failure to adhere to traffic laws, which endanger not only drivers but pedestrians, cyclists, and other vulnerable individuals. In such cases, families are left devastated, grappling with emotional loss, financial burdens, and the deep sorrow of losing a loved one due to someone else’s carelessness or misconduct. Addressing these issues requires a collective commitment to road safety, respect for all road users, and accountability to prevent such heartbreaking and avoidable outcomes.
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Who Can File a Wrongful Death Lawsuit?
Under Georgia law, the right to file a wrongful death claim is strictly regulated, ensuring that only close family members or legal representatives can seek compensation for the loss of their loved one. The law prioritizes immediate family members, recognizing the emotional and financial hardships they endure due to the premature death.
The Surviving Spouse of the Deceased
The spouse of the deceased has the primary legal right to file a wrongful death claim in Georgia. This includes both legally married spouses and, in some cases, common-law spouses if they can provide proof of a legally recognized partnership. The surviving spouse is also entitled to seek compensation on behalf of minor children, ensuring that any financial recovery accounts for the loss of parental support, guidance, and future financial security.
The Children of the Deceased
If the deceased was not married at the time of death, their surviving biological or legally adopted children may file a wrongful death claim. The compensation awarded in such cases is divided equally among the children, and if any of the children are minors, the court may appoint a guardian to ensure the settlement is managed responsibly.
The Parents of the Deceased
When a wrongful death victim does not have a spouse or children, their parents have the legal right to file a claim. This applies regardless of whether the deceased was a minor or an adult at the time of their passing. Parents may seek compensation for the loss of their child’s companionship, emotional distress, and financial contributions they may have provided.
The Estate Representative
If there are no immediate family members available to file a wrongful death claim, the estate representative (also known as the executor of the estate) may pursue damages on behalf of the deceased’s estate. Any compensation recovered in these cases is distributed according to the deceased’s will or Georgia’s inheritance laws. Damages awarded through an estate claim typically cover:
- Medical bills incurred before death
- Funeral and burial costs
- Any financial losses directly suffered by the deceased’s estate
Common Causes of Wrongful Death Cases
Wrongful death occurs when a person’s life is lost due to the negligence, recklessness, or intentional actions of another party. These tragic incidents happen in various situations, often leaving families with devastating emotional and financial consequences. Some of the most common causes of wrongful death cases include:
Motor Vehicle Accidents
Motor vehicle collisions remain one of the most common causes of wrongful death. The force of impact in car, truck, motorcycle, or pedestrian accidents can lead to severe or fatal injuries, particularly when reckless or negligent driving is involved. Many wrongful death cases related to traffic accidents stem from:
- Drunk or drug-impaired driving – Intoxicated drivers have reduced reaction times, impaired judgment, and poor coordination, making them more likely to cause fatal crashes.
- Reckless speeding or aggressive driving – Excessive speed reduces a driver's ability to brake in time, control the vehicle, or react to road hazards.
- Distracted driving – Using a phone, eating, adjusting navigation, or even talking to passengers can divert a driver's attention long enough to cause a deadly accident.
- Commercial truck driver fatigue or improper vehicle maintenance – Truck drivers working long hours may fall asleep at the wheel, while trucking companies that fail to maintain their vehicles create conditions for fatal crashes.
Medical Malpractice
When doctors, nurses, or hospitals fail to provide the appropriate standard of care, the consequences can be fatal. Medical malpractice occurs when a healthcare provider's negligence leads to a patient’s preventable death. Some of the most frequent types of medical malpractice claims include:
- Misdiagnosis or delayed diagnosis – Failing to accurately diagnose a life-threatening condition, such as cancer, stroke, or heart disease, can prevent a patient from receiving life-saving treatment in time.
- Surgical errors – Mistakes such as operating on the wrong body part, leaving surgical instruments inside the patient, or anesthesia errors can result in fatal complications.
- Birth injuries leading to infant death – Negligence during pregnancy, labor, or delivery can cause fatal conditions like oxygen deprivation, brain damage, or infections.
- Medication mistakes – Errors such as prescribing the wrong dosage, administering the wrong medication, or failing to check for harmful drug interactions can result in fatal consequences.
Medical malpractice wrongful death claims are often extraordinarily complex, requiring expert testimony and extensive evidence to prove negligence. Families who have lost a loved one due to medical errors deserve compensation for their loss of companionship, medical expenses, and funeral costs.
Workplace and Construction Accidents
Fatal accidents frequently occur in dangerous workplaces, especially in construction, manufacturing, and industrial settings. Employers have a duty to provide a safe working environment, and when they fail to do so, workers can suffer deadly injuries. Common causes of workplace wrongful death cases include:
- Lack of proper safety equipment or training – Employers that fail to provide protective gear, fall prevention systems, or safety training increase the risk of fatal accidents.
- Falls from heights – Construction workers on scaffolding, ladders, or rooftops are at elevated risk of fatal falls if proper safety harnesses and guardrails are not in place.
- Exposure to toxic chemicals – Prolonged exposure to hazardous materials, such as asbestos, benzene, or industrial solvents, can lead to fatal respiratory diseases or cancers.
- Machinery malfunctions – Defective or improperly maintained heavy machinery and equipment can cause fatal crush injuries or electrocutions.
If employers, equipment manufacturers, or third-party contractors are responsible for unsafe conditions leading to a fatal workplace accident, the surviving family members may be entitled to wrongful death compensation beyond workers' compensation benefits.
Defective Products
Manufacturers, designers, and distributors have a legal obligation to ensure that the products they sell are safe for consumers. If a product is dangerous due to design flaws, manufacturing defects, or inadequate warnings, it can cause fatal injuries or illnesses. Wrongful death cases involving defective products may include:
- Faulty auto parts – Defective brakes, airbags, seatbelts, or tires can contribute to fatal car crashes.
- Defective medical devices – Implanted medical devices, such as pacemakers, artificial joints, or surgical implants, can fail and cause fatal complications.
- Dangerous drugs – Medications that have undisclosed life-threatening side effects or are improperly prescribed can result in fatal overdoses or adverse reactions.
In product liability wrongful death cases, the manufacturer, distributor, or retailer may be held legally responsible for the design, production, or marketing of an unsafe product.
Steps to Take After Losing a Loved One to Protect Your Rights
Losing a loved one due to someone else’s negligence is overwhelming, both emotionally and legally. Families are left with unexpected financial burdens while trying to cope with the devastating loss of a spouse, parent, or child. While no legal action can replace the life that was lost, filing a wrongful death claim ensures that negligent parties are held accountable and surviving family members receive the financial support they deserve. Taking the right legal steps as early as possible can help protect your family’s rights and maximize the compensation you are entitled to.
Obtain a Death Certificate and Gather Records
The first step in pursuing a wrongful death claim is obtaining a certified copy of the death certificate, which is required to initiate legal proceedings. Additionally, families should collect and preserve important records related to the incident, including:
- Medical records that detail any treatment the deceased received before their passing.
- Police reports or accident records documenting how the incident occurred.
- Insurance policies, including health, life, and auto insurance that may impact a claim.
- Employment records, which may help determine lost wages and financial contributions.
These records serve as critical evidence in proving liability and assessing the full financial impact of the loss. It is important to store these documents safely and provide them to your attorney as soon as possible.
Avoid Speaking with Insurance Adjusters
After a wrongful death, insurance companies may reach out to surviving family members, offering a quick settlement to close the case as soon as possible. These settlements are often far lower than what families deserve. Insurance companies may also:
- Pressure families into accepting an unfair payout before they fully understand their losses.
- Ask for recorded statements, which can be used to discredit or minimize the claim.
- Deny liability, shifting blame onto the deceased to avoid paying compensation.
It is critical to avoid discussing the case with insurance adjusters until you have legal representation. Instead, direct all inquiries to your wrongful death attorney, who can negotiate on your behalf and ensure you receive full compensation for your loss.
Contact a Wrongful Death Attorney Immediately
Wrongful death cases are complex and time-sensitive, requiring thorough investigations, extensive documentation, and skilled legal advocacy. Additionally, Georgia law imposes a strict statute of limitations, meaning families have only two years from the date of death to file a lawsuit. Delays can result in lost evidence, uncooperative witnesses, and weakened claims.
The earlier you take legal action, the stronger your case will be. If your loved one’s death was caused by negligence, recklessness, or wrongful conduct, contact Karell Trial Attorneys today for a free consultation. We will handle the legal battle while you focus on healing and honoring your loved one’s memory.
Challenges in Wrongful Death Claims
Wrongful death claims are among the most complex and emotionally difficult legal cases. Families seeking justice for their loved ones often face numerous obstacles, including proving negligence, dealing with aggressive insurance companies, and ensuring all financial damages are accounted for. Without strong legal representation, these challenges can significantly impact a family's ability to recover full compensation.
Proving Negligence
One of the biggest hurdles in a wrongful death case is proving that the death was preventable and directly caused by another party’s negligence. In many cases, defendants and their legal teams will argue that:
- The deceased was partially or fully responsible for the incident.
- External factors—such as weather conditions, pre-existing health conditions, or unavoidable circumstances—contributed to the death.
- There is insufficient evidence to prove that the defendant’s actions caused the fatality.
To overcome these defenses, our firm conducts thorough investigations, gathering medical records, accident reports, surveillance footage, expert witness testimony, and forensic analysis to establish liability. We work closely with accident reconstruction specialists, medical professionals, and financial experts to demonstrate how negligence played a direct role in the wrongful death.
Dealing with Insurance Companies
Insurance companies prioritize their profits over providing fair compensation, and in wrongful death cases, they often employ tactics to minimize payouts. Common strategies used by insurers include:
- Blaming the deceased for their own death, arguing that their actions contributed to the incident.
- Offering quick, lowball settlements, hoping grieving families will accept an offer before realizing the full financial impact of their loss.
- Delaying the claims process, knowing that families struggling with funeral expenses and lost income may be desperate for a resolution.
At Karell Trial Attorneys, we handle all communication with insurance companies, ensuring that our clients are not manipulated into accepting less than they deserve. We aggressively negotiate to secure fair compensation, and if the insurer refuses to pay, we are fully prepared to take the case to trial.
Calculating the Full Financial Impact
A wrongful death claim involves far more than just funeral and medical expenses. Many families underestimate the long-term financial effects of losing a loved one, especially if they were the primary breadwinner or provided emotional and household support. Damages in a wrongful death case may include:
- Future lost earnings – Compensation for income the deceased would have earned over their lifetime.
- Loss of companionship – The emotional impact of losing a spouse, parent, or child.
- Pain and suffering – Emotional distress experienced by surviving family members.
Our firm works with financial analysts, economists, and vocational experts to accurately calculate the true economic and non-economic losses suffered by the family. We ensure that no damages are overlooked, securing maximum compensation to help families rebuild their lives after their loss.
How Karell Trial Attorneys Overcomes These Challenges
Wrongful death cases require an aggressive, strategic legal approach to fight back against insurance companies, corporate legal teams, and negligent parties trying to escape liability. Our legal team:
- Builds strong evidence-based cases to prove negligence beyond dispute.
- Handles all negotiations and legal filings, preventing insurance companies from taking advantage of grieving families.
- Ensures that every financial and emotional loss is accounted for, providing full and fair compensation.
If your family is struggling to navigate the challenges of a wrongful death claim, Karell Trial Attorneys is here to help.
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Understanding Wrongful Death Accidents in Georgia
Wrongful death claims in Georgia are governed by state-specific laws that determine who can file, what damages can be recovered, and how long families have to take legal action. These laws exist to ensure that surviving family members can seek justice and financial compensation for their loss, holding negligent parties accountable.
Georgia law recognizes two types of wrongful death claims, each serving a distinct purpose:
- Wrongful Death Claim – This type of claim is filed by the deceased’s surviving family members and seeks to recover the full value of the deceased’s life. This includes:
- The income the deceased would have earned over their lifetime.
- The loss of companionship and emotional support for the surviving spouse and children.
- The pain and suffering experienced by surviving family members.
- Estate Claim – This claim is filed by the representative of the deceased’s estate and is intended to recover damages related to the financial impact of the death. It includes:
- Medical expenses incurred before the deceased passed away.
- Funeral and burial costs.
- Pain and suffering experienced by the deceased before death.
These claims can be filed simultaneously, allowing families to pursue both personal and estate-related damages. Because Georgia’s wrongful death laws can be complex, it is crucial to work with experienced legal representation to ensure the right type of claim is pursued and all eligible damages are included.
How Negligence is Proven in a Wrongful Death Case
For a wrongful death claim to succeed, it must be proven that the defendant’s negligence directly caused the death. This requires demonstrating four legal elements:
- Duty of Care – The defendant had a legal obligation to act responsibly. For example:
- Drivers must follow traffic laws and avoid reckless behavior.
- Doctors must provide appropriate medical care to their patients.
- Employers must maintain safe working conditions for employees.
- Breach of Duty – The defendant failed to uphold their duty of care. This could be:
- A driver running a red light or driving under the influence.
- A doctor misdiagnosing a life-threatening condition.
- A property owner failing to fix a dangerous hazard.
- Causation – The breach of duty directly resulted in the victim’s death. This means proving that without the defendant’s negligence, the death would not have occurred.
- Damages – The surviving family members suffered emotional and financial losses as a direct result of the wrongful death. This may include funeral expenses, lost income, medical bills, and the loss of companionship.
At Karell Trial Attorneys, we work with expert witnesses in accident reconstruction, medical malpractice, and forensic analysis to build a strong case and prove negligence beyond dispute.
Who Can Be Held Liable in a Wrongful Death Case?
Liability in a wrongful death cases vary depending on the circumstances of the accident. Some of the most common responsible parties include:
- Negligent Drivers – If the wrongful death was caused by a car, truck, or motorcycle accident, the at-fault driver can be held responsible.
- Doctors, Nurses, and Hospitals – In cases of medical malpractice, healthcare providers who failed to provide proper care may be liable.
- Employers and Companies – If a workplace accident caused the death, the employer, a third-party contractor, or equipment manufacturer may be responsible.
- Manufacturers of Defective Products – If the death was caused by a defective vehicle, medical device, or consumer product, the manufacturer may be liable for wrongful death damages.
- Property Owners – If a fatal accident occurred due to unsafe conditions on private or public property, the property owner may be held accountable under premises liability laws.
Because multiple parties can be responsible in wrongful death cases, our legal team conducts comprehensive investigations to identify all liable parties and hold them accountable.
How Long Do You Have to File a Wrongful Death Claim in Georgia?
Georgia law imposes a strict deadline for filing a wrongful death claim. Under the state’s statute of limitations, families typically have two years from the date of death to file a lawsuit. However, certain circumstances can alter this timeline:
- Government-related claims – If the wrongful death involves a government entity or public agency, the deadline may be significantly shorter, often requiring a notice of claim within six months to a year.
- Ongoing criminal investigations – If the wrongful death is related to a criminal case, such as a fatal DUI crash, the statute of limitations may be paused (tolled) until the criminal case concludes.
Missing the filing deadline can result in losing the right to seek compensation, making it critical to act quickly and consult an attorney as soon as possible.
Economic vs. Non-Economic Damages in Wrongful Death Cases
Wrongful death claims include both financial and emotional losses, ensuring that families are compensated for the full impact of their loss.
Economic Damages (Financial Losses)
These damages cover tangible financial losses directly caused by the wrongful death, including:
- Medical bills incurred before death.
- Lost wages and benefits the deceased would have earned.
- Funeral and burial expenses.
Non-Economic Damages (Personal Losses)
These damages compensate for the emotional and psychological impact of losing a loved one, including:
- Loss of companionship and emotional support.
- Mental anguish suffered by surviving family members.
- Pain and suffering endured by the deceased before passing.
At Karell Trial Attorneys, we ensure that all eligible damages are pursued, maximizing compensation for grieving families.
Can You Recover Punitive Damages in a Wrongful Death Lawsuit?
Yes, in some cases, punitive damages may be awarded if the wrongful death resulted from gross negligence, reckless behavior, or intentional misconduct. These damages are meant to punish the defendant and prevent future harm.
Examples of cases where punitive damages may apply include:
- A drunk driver causing a fatal crash.
- A corporation knowingly selling a dangerous product.
- A property owner ignores serious safety hazards despite multiple warnings.
Punitive damages can significantly increase compensation, and our legal team fights aggressively to secure them when applicable.
How Insurance Companies Handle Wrongful Death Claims
Insurance companies prioritize minimizing payouts, often using aggressive tactics to avoid paying full compensation. Families frequently face challenges such as:
- Delays in processing claims, hoping the family will become desperate and settle for less.
- Disputing liability, arguing that the deceased was partially at fault.
- Offering low settlements, attempting to pressure grieving families into accepting unfair payouts.
At Karell Trial Attorneys, we fight back against these unfair tactics, ensuring that families receive full and fair compensation for their loss. We handle all negotiations, legal filings, and courtroom representation, allowing families to focus on healing while we fight for justice.
If your loved one’s death was caused by negligence or reckless actions, you deserve strong legal advocacy. Contact Karell Trial Attorneys today for a free consultation, and let us help you seek the justice and compensation your family deserves.
Turn to Karell Trial Attorneys – Schedule Your Free Consultation and Pursue Justice and Compensation for Your Loved One
Losing a loved one due to someone else’s negligence is an unimaginable tragedy, leaving families with overwhelming grief, financial strain, and countless unanswered questions. While no legal action can undo the pain of losing a family member, a wrongful death claim can provide a sense of justice and financial stability during this challenging time.
At Karell Trial Attorneys, we are committed to standing with grieving families, ensuring that negligent parties are held fully responsible for their actions. Whether your loved one’s death resulted from a car accident, medical malpractice, workplace negligence, or a defective product, we aggressively pursue every avenue of compensation to ease the burden left behind. Our firm understands the emotional and financial toll these cases take on families, which is why we handle every aspect of the legal process with care, compassion, and relentless determination.
Our experienced legal team offers free consultations to evaluate your case, explain your rights, and develop a strategy tailored to your family’s needs. Don’t let insurance companies undervalue your loss or deny you the justice you deserve. Contact Karell Trial Attorneys today and let us fight for the financial security and closure your family needs to move forward.
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