Georgia’s Leading Wrongful Death Defense Attorneys

Protecting Your Rights and Reputation in High-Stakes Wrongful Death Litigation

Wrongful death lawsuits are emotionally charged, legally complex, and financially significant. When a tragic loss occurs and litigation follows, the defendants often face immense pressure, public scrutiny, and potential liability for millions of dollars in damages. At Thomas Kennedy Sampson & Tompkins LLP, we understand the critical importance of swift, strategic, and sensitive legal representation in these cases.

Our firm defends clients across Georgia against wrongful death claims arising from motor vehicle accidents, medical malpractice, workplace incidents, product liability, and more. Whether you are an individual, business, healthcare provider, or insurer, we are prepared to build a robust defense, minimize exposure, and navigate the legal complexities with the utmost professionalism and diligence.

With over 50 years of experience, we offer tailored defense strategies to ensure our clients are treated fairly—and that they are not held responsible for damages beyond what the law supports.

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Common Wrongful Death Defense Scenarios

Automobile accidents

Determining fault in multi-vehicle crashes or pedestrian fatalities.

Medical malpractice

Defending healthcare providers from misdiagnosis or surgical error allegations.

Premises liability

Defending property owners in cases involving alleged inadequate security or dangerous conditions.

Product liability

Protecting manufacturers or retailers from claims involving defective tools, vehicles, or machinery.

Trusted By Leading Clients

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Why Experienced Defense Matters

Defending a wrongful death claim is not just about reviewing medical records or arguing liability—it’s about understanding the human story, the legal nuances, and the full scope of financial exposure. These cases often involve high emotional stakes and the potential for significant jury awards, making it critical to have experienced counsel on your side.

At Thomas Kennedy, we bring our deep litigation experience to bear in every wrongful death case. Our attorneys work quickly to:

  • Analyze the cause of death and assess liability

  • Investigate whether the deceased may have contributed to the incident

  • Determine if the claim meets statutory requirements

  • Evaluate the validity and extent of claimed damages

  • Engage medical, forensic, and economic experts

  • Challenge unsupported or exaggerated claims of pain, suffering, or loss of income

Our goal is to reduce or eliminate liability by presenting clear, evidence-backed defenses and ensuring our clients are protected at every turn. We are known for resolving claims efficiently through negotiation, and for providing aggressive representation at trial when necessary.

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    Frequently Asked Questions (FAQs)
    Wrongful Death Defense

    A wrongful death in Georgia is defined as a death caused by the negligent, reckless, intentional, or criminal acts of another person or entity. Common examples include fatal car crashes, medical errors, or unsafe working conditions. The law allows surviving family members to seek compensation, even if the act wasn’t intentional.

     

    Liability can fall on individuals, businesses, medical professionals, manufacturers, employers, or even government entities. Our defense team carefully evaluates the facts to determine the actual level of responsibility—or lack thereof—for our clients.

     

    In Georgia, the statute of limitations for most wrongful death claims is two years from the date of death. However, exceptions may apply depending on the circumstances. We use these timelines to our client’s advantage when preparing procedural defenses.

     

    Yes, but Georgia follows a modified comparative fault rule. If the deceased is found to be 50% or more at fault, the family cannot recover damages. If less than 50%, damages may be reduced proportionally. This is often a key defense strategy we pursue.

     

    Plaintiffs can seek compensation for the full value of the decedent’s life, including lost earnings, emotional loss, and funeral expenses. Our defense focuses on challenging these valuations using forensic accounting, life expectancy data, and legal precedent.

     

    A wrongful death claim is filed by surviving family members, while a survival action is brought by the decedent’s estate to recover for pain and suffering or medical costs before death. We defend against both, often simultaneously.

     

    We examine every detail of the incident, challenge the plaintiff’s narrative, assess potential contributory negligence, and leverage expert testimony. Our goal is to reduce or eliminate liability through evidence-based strategies and rigorous legal analysis.

     

    With over five decades of litigation experience in Georgia, our firm offers unmatched expertise, a strategic defense approach, and proven results in high-stakes wrongful death claims. We are committed to protecting your rights, reputation, and financial future.

    Take the First Step Toward Justice – Reach Out:

    info@tkstlaw.com