Carrollton Wrongful Death Lawyer

Losing a family member because of someone else’s carelessness or recklessness can change the entire trajectory of your life. Along with grief, families in Carrollton are often left with funeral costs, lost income, and a long list of unanswered questions about what really happened.

Georgia law allows surviving family members to seek compensation when a loved one’s death could have been prevented if someone else had acted responsibly.

At Sherrod & Bernard, P.C., our Carrollton wrongful death lawyers have served West Georgia families for more than 30 years. We have over 85 years of combined legal experience. We apply the full force of our skills, resources, and experience to every fatal accident claim we handle.

Reputation, respect, and results guide everything we do, and we treat every family we represent like our own. We invite you to review our case results and read what other clients have said about working with our team in our client testimonials.

Contact us today for a free consultation with a Carrollton fatal accident lawyer.

What Counts as Wrongful Death in Georgia?

A wrongful death claim can arise when a person dies because of someone else’s careless or reckless conduct, or when another party’s intentional behavior takes a person’s life. Wrongful death claims exist to address deaths that reasonable care could have prevented.

A few examples of common causes of wrongful death in Carrollton include:

• Fatal car and truck accidents – Speeding, drunk driving, and distracted driving cause many of the fatal crashes on West Georgia roads.
• Dangerous property conditions – Unsafe stairs, poor security, and other property hazards can turn a routine visit into a deadly tragedy.
• Medical negligence – Preventable errors in diagnosis, treatment, or surgery can cost patients their lives.
• Fatal workplace accidents – Construction sites, factories, and other industrial settings carry risks that can prove fatal when safety rules are ignored.

Who Can File a Wrongful Death Claim in Georgia?

Georgia’s wrongful death act sets out a specific order for who may bring a wrongful death claim under O.C.G.A. § 51-4-2. A surviving spouse generally has the first right to file, though surviving children may also share in the claim.

If there is no surviving spouse or children, the wrongful death statute allows the surviving parents to bring a claim for the death of an adult child. When no immediate family member survives the deceased person, the administrator of the deceased person’s estate can file wrongful death claims instead.

If multiple family members have a stake in the outcome, our experienced wrongful death lawyers can sort out how a case moves forward and how any recovery will be shared. A separate estate claim may exist alongside a wrongful death claim, covering losses the estate itself incurred, such as medical bills and funeral expenses.

Compensation Available in a Carrollton Wrongful Death Case

A wrongful death case is not only about the financial losses a family has incurred. Georgia law, under the full value of life standard in O.C.G.A. § 51-4-1, recognizes that a person’s life carries both economic and personal value that matters deeply to surviving family members.

Depending on the circumstances, a successful wrongful death claim may account for:

• The full value of the deceased’s life – This includes both the income they would have earned and the intangible value of the life they lived.
• Lost income and financial support – This covers the wages, benefits, and financial contributions the family has lost.
• Medical expenses, funeral costs, and estate-related losses – These are the direct expenses the family and estate face after a fatal accident.
• Pain and suffering before death – When applicable, a family may also seek wrongful death damages for the suffering the deceased experienced before passing.

How Georgia Wrongful Death Claims Work

Wrongful death cases require a careful investigation into how the death happened and who should be held responsible. To recover compensation, it is usually necessary to prove that the at-fault party acted carelessly, recklessly, or even intentionally.

Strong evidence, including police reports, witness statements, and medical records, often makes the difference in wrongful death cases. Insurance companies usually look for ways to deny a claim or minimize the payout, which is why having an experienced legal team review every detail matters.

Georgia Deadlines for Wrongful Death Cases

Wrongful death claims are subject to strict deadlines, and families should not delay seeking legal advice. Under O.C.G.A. § 9-3-33, Georgia generally gives families two years from the date of death to file a wrongful death lawsuit.

Missing the deadline can permanently bar a family’s right to seek compensation, so it helps to speak with a lawyer as soon as possible. While pursuing a lawsuit might seem like a low priority during the grieving process, many families find a sense of closure from seeking a measure of justice for their loved one’s death.

How Our Carrollton Wrongful Death Lawyers Help

A wrongful death claim asks a lot of a grieving family, but our legal team is prepared to carry the weight for you. Let us handle all the legal matters while you focus on grieving the deceased and rebuilding your family’s future.

Our Carrollton wrongful death lawyers can:

• Investigate the cause of death – We will gather evidence quickly, before it disappears or degrades, to build a clear picture of what happened.
• Identify all responsible parties – Fatal accidents often involve more than one negligent party, and we will work to hold each one accountable.
• Deal with insurance companies and defense counsel – We will handle every conversation and negotiation, so your family is not left dealing with adjusters during such a painful time.
• Pursue the case so your family can grieve – We will manage the legal process from start to finish, allowing your family to focus on healing.

Frequently Asked Questions

How long does a wrongful death case take?

The timeline depends on the facts, the complexity of the case, and whether the insurance company is willing to settle fairly. Some cases resolve in months, while others take longer if litigation is necessary.

What if the deceased was partially at fault?

Fault issues in wrongful death cases can be complicated. Even if the defense argues that the deceased contributed to the incident, it is still important to have a lawyer review the facts before making any assumptions about the value of the claim.

Do wrongful death cases always go to court?

No. Many Georgia wrongful death lawsuits settle before trial. However, preparing every case as though it may go to court can improve leverage during negotiations and help protect the family’s interests.

How much does it cost to hire a lawyer?

Our wrongful death lawyers work on a contingency fee basis, which means the family does not pay attorney’s fees unless there is a recovery. That can make it easier to get help without adding financial strain during an already difficult time.

What should we do first after a fatal accident?

Preserve records, avoid unnecessary communication with insurers, and speak with our lawyers as soon as possible. Acting early can help protect the family’s rights and strengthen the claim.

Contact a Carrollton Wrongful Death Lawyer

No family should have to face the loss of a loved one and a complicated legal claim at the same time. At Sherrod & Bernard, P.C., we have served West Georgia families for more than 30 years.

Our team has secured meaningful results for grieving families in Georgia wrongful death cases, including:

• A $1,500,030 recovery in the death of a motorcyclist who collided with a flatbed trailer parked across the roadway
• A $1.075 million recovery in a wrongful death claim for a young man killed by a speeding tractor-trailer
• A $1 million recovery in a wrongful death claim involving an improperly loaded tractor-trailer that resulted in a fatal car crash
• A $1 million recovery against a nursing home that failed to follow doctor’s orders requiring a liquid diet, resulting in a choking death
• An $875,000 recovery in a fatal distracted driving case
• A $725,000 recovery in a wrongful death claim against a county for failing to provide safety equipment to a work camp inmate who died when a tractor tire exploded

While past results do not guarantee future outcomes, they do indicate the level of experience we bring to every case we handle. You can review more of our case results to see how we have helped other West Georgia families with wrongful death lawsuits.

We also invite you to review the many positive testimonials we have received from our past clients. For example, one satisfied client wrote:

“I was referred to Kenny Bernard by several friends. I was very impressed on how he and his staff member Hannah were so friendly and maintained such a high level of professionalism. Ken and Hannah always responded quicker to my questions much faster than I could ever expect. The case was handled very quickly and would refer them to anyone who needs an attorney.” – Joseph R., Carrollton

Contact us today for a free consultation with an experienced wrongful death attorney in Carrollton.