The loss of a loved one in a family, especially when it comes because of someone else’s negligence, can be traumatic and devastating. Your family’s grief is compounded by the stress of financial burdens, from medical bills to funeral expenses, not to mention the loss of income and support your loved one provided. Those responsible for your loss should be held accountable to provide closure and ensure that you receive the compensation necessary to help your family through this difficult time. The legal team at Kaine Law is dedicated to focusing on your family’s needs and securing the compensation you deserve.
Our Stone Mountain personal injury lawyers work on a contingency basis, which means we only get paid if we win your case. This agreement allows us to serve you without adding to the financial strain you’re already facing. We invite you to call us for a free consultation, where we can discuss your case, explain your rights, and outline how we can help you move forward. Let us take on the legal burden so you can focus on healing and honoring the memory of your loved one.
Types of Recoverable Wrongful Death Damages
In wrongful death claims, the types of damages recoverable can be broadly categorized into economic damages and non-economic damages. Each type of damage serves to compensate the bereaved family for their tragic loss.
Economic Damages Following a Stone Mountain Wrongful Death
Economic damages are quantifiable losses that have a direct impact on the financial stability of the deceased’s family. They include, but are not limited to:
- Medical bills related to the deceased’s final illness or injury
- Funeral and burial expenses
- Lost wages and benefits, including what the deceased would reasonably have earned had they lived
- Loss of inheritance caused by the untimely death
Non-Economic Damages Following a Stone Mountain Wrongful Death
Non-economic damages are more subjective and compensate for the intangible losses suffered by the survivors. They typically encompass:
- Pain and suffering of the deceased before their death
- Loss of companionship, care, or protection experienced by the survivors
- Emotional distress of the bereaved family members
Recoverable damages in wrongful death lawsuits provide a mechanism for families to achieve financial stability after a tragic loss. Each case varies greatly, so consulting with our wrongful death attorney could help identify the full range of damages applicable to your situation.
For a free legal consultation with a wrongful death lawyer serving Stone Mountain, call 404-214-2001
Wrongful Death Case Types We Can Manage for Your Family
Our law firm is equipped to handle a wide array of case types. Each case represents a unique story of loss, and we are dedicated to seeking rightful compensation for you. Below are examples of the types of wrongful death cases we can manage:
- Car accidents resulting from negligence, such as distracted driving, speeding, or driving under the influence, lead to fatal outcomes for drivers, passengers, or pedestrians.
- Truck accidents involving commercial vehicles where the causes may include driver fatigue, overloaded trucks, or inadequate maintenance.
- Motorcycle accidents since they are particularly vulnerable on the road.
- Medical malpractice due to surgical errors, misdiagnosis, birth injuries, medication errors, or failure to treat a condition promptly and adequately.
- Slip and fall accidents resulting from unsafe conditions on property, such as wet floors, poor lighting, or unmarked hazards.
- Workplace accidents due to inadequate safety measures, machinery malfunctions, or exposure to harmful substances.
- Product liability caused by defective or dangerous products, including automobiles, pharmaceuticals, household products, and children’s toys.
Each of these case types presents its own set of challenges and requires a deep understanding of the law, as well as a compassionate approach to support the families affected by such tragedies. Our commitment is to provide you with the care, support, and service to achieve the justice your family deserves.
Call Kaine Law for a free case review. We can explain the types of compensation your family may be entitled to pursue.
Stone Mountain Wrongful Death Lawyer Near Me 404-214-2001
Parties Who Can File a Wrongful Death Claim in Georgia
Under O.C.G.A. § 51-4-2, the law specifies who has the legal standing to file a wrongful death lawsuit, ensuring that the right to claim compensation is reserved for those closely related to the deceased or representing their estate. The statutes provide a clear hierarchy of who may bring a wrongful death claim forward:
Surviving Spouse
The first right to file a claim is given to the surviving spouse of the deceased. If any damages are recovered, the spouse must share them with the deceased’s children, but the spouse is guaranteed at least one-third of the recovery, regardless of the number of children.
Children
If there is no surviving spouse, the children of the deceased have the right to file the claim. The damages awarded would then be divided equally among them.
Parents
In the absence of a surviving spouse and children, the parents of the deceased may file a wrongful death lawsuit.
Estate Representative
If there are no immediate family members (spouse, children, or parents), the personal representative of the deceased’s estate has the right to file the claim. Any damages recovered in this scenario go to the estate and can be distributed according to the deceased’s will or the laws of intestacy if there is no will.
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How We Manage a Wrongful Death Claim on Your Behalf
Filing a wrongful death claim in Stone Mountain, GA, involves a systematic approach. Here’s a brief step-by-step overview of the process:
- Determine eligibility: Identify who in the deceased’s family or estate has the legal right to file the claim.
- Gather evidence: Compile all necessary documentation and evidence that supports the claim, including medical records, accident reports, witness statements, and any other relevant information that can help establish liability.
- Prove negligence: Show how the defendant owed a duty of care to the deceased, breached that duty, and directly caused the death and resulting damages.
- File the claim: Submit the wrongful death claim to all liable insurance companies.
- Negotiate or go to trial: Many wrongful death claims are settled out of court, but if a satisfactory settlement cannot be reached, the case may go to trial, where a judge or jury will determine liability and damages.
Keep in mind that O.C.G.A. § 9-3-33 limits your time to act on a wrongful death lawsuit to two years. If it expires, you could be barred from seeking compensation through a court award.
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Your Family Deserves Compassionate Legal Support
Call Kaine Law today to receive your free case review. Our Stone Mountain wrongful death attorneys want to hear your story and offer our help. Your family deserves a chance to heal and recover in peace. Call now.
Call or text 404-214-2001 or complete a Free Case Evaluation form
