Losing a loved one can be painful, especially when the loss is unexpected. If another person’s negligence or wrongful acts is responsible for your loved one’s death, we can help you hold them accountable with a wrongful death lawsuit. We understand that this is a difficult time for you and your family. While legal affairs may be the farthest thing from your mind right now, you don’t have to worry. We can take legal action to help you hold the liable party accountable while you focus on being there for your family.
A Carrollton personal injury lawyer from Kaine Law will explain how these legal actions work and how you could recover damages from the party responsible for your loved one’s death. You can contact our office today for a free consultation. Our legal team can start on your case with no upfront payment or fees. You pay nothing unless we recover awards for you.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought forward when a person is killed due to another’s negligence or wrongful conduct. It does not matter if the liable party intended to harm or kill the decedent.
If the defendant had not made the decisions they made, your loved one would very likely be with you today. For this reason, you and your family may have the right to fully hold them accountable by the law.
What Happens in a Wrongful Death Lawsuit?
In a wrongful death action, the decedent’s surviving family may bring forward a wrongful death tort action against the individual or entity who is responsible for causing the decedent’s death. Your attorney will be tasked with proving liability based on a preponderance of the evidence.
If successful, your family could recover compensation for the ways the decedent’s life and your lives have been affected by their death.
For a free legal consultation with a wrongful death lawyer serving Carrollton, call 404-214-2001
Recoverable Damages in a Wrongful Death Case
Your family may be able to recover specific types of compensation that include economic and non-economic damages. Economic damages have financial values attached to them. They can include medical costs, including those for the ambulance ride and hospital stay, the decedent’s prescription medication, their extended medical care, their surgeries and treatment, and their funeral and burial expenses.
Also, the decedent’s surviving family members could also recover the loss of income and potential future earnings. These might include contributions to a retirement savings account, salary increases, bonuses, and additional benefits the decedent would have likely earned had they lived.
Non-Economic Damages Are Also Possible
Non-economic damages are equally as valuable. Your family could recover compensation for losses that do not have set monetary values the way economic damages do. Some of the more commonly awarded non-economic damages in Carrollton wrongful death actions include:
- Loss of companionship and love
- Loss of society and support
- Loss of advice and guidance
- Diminished quality of life
- Emotional distress
Carrollton Wrongful Death Lawyer Near Me 404-214-2001
How Our Lawyer Can Help Your Carrollton Wrongful Death Case
We understand this is a sensitive time for you and your family, so we want to make the legal process easier. When you become our client, we will listen to you as you explain what happened to your loved one and what led to their untimely death. We will ask questions and take notes to make sure we have the story right. We will also explain the wrongful death lawsuit process and how state laws govern these cases.
We Will Establish Your Case
We will review all the evidence you have and collect additional evidence as we investigate and build your case. Any medical records, police records, witness statements, and other documents can help us identify the liable parties in the case and show how their negligence caused your loved one’s death. We will also establish a dollar amount for each of the damages suffered and come up with a settlement amount for your case.
We Handle Negotiation Talks with the Insurer
We will communicate with all parties in your case on your behalf, leaving you time to look after and take care of your family. We will negotiate with the liable party’s insurers for fair compensation for you and your family and present our case. We can also evaluate any potential settlement offers you could get from the insurer to make sure they aren’t too low for your needs. If we don’t reach a settlement with the liable party’s insurer, then we can file a lawsuit to seek recovery for you in court.
We Are Here for You and Your Family
The legal team at Kaine Law will do everything we can to make this process manageable. You can ask us any questions about case law and any developments. We will update you regularly on all changes, big and small. We also take care of filing fees, courtroom fees, document requests, and more. We cover all costs with no upfront payments from you. We only get paid if you win your case.
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Who Has the Right to File a Wrongful Death Claim in Carrollton?
Under Georgia law, only specific parties have the right and authority to pursue wrongful death actions. Generally, the decedent’s surviving spouse will be the first party to have an opportunity to file a wrongful death lawsuit, followed by the decedent’s surviving children, parents, and siblings, in that order, as outlined in O.C.G.A. 51-4-2.
If the decedent did not have a close surviving family member, a personal representative of the decedent’s estate can file the wrongful death action. However, any damages awarded will be reserved for the decedent’s next of kin.
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Time Limits for Carrollton Wrongful Death Cases
If you and your family decide that filing a wrongful death action is the right decision, you have a limited time to submit your lawsuit to the civil court.
Per O.C.G.A § 9-3-33, wrongful death lawsuits in Georgia must be filed before the statute of limitations deadline expires. Generally, surviving family members will have two years from the date of the decedent’s death to file. Our attorney can advise you if other statutes, timelines, or deadlines apply to your case.
Let our Carrollton Wrongful Death Lawyers Help you with your Wrongful Death Case
You should be able to mourn the loss of your family member in peace. Unfortunately, when your loved one was taken from you unexpectedly, it caused significant emotional and financial distress for your entire family. While compensation can’t ever replace your loved one, holding the party accountable for their absence can bring peace of mind. It can also bring some financial relief for the medical bills and income loss, among other things.
Our Carrollton wrongful death accident lawyer at Kaine Law is ready to help you and your family. Call our office at (404) 214-2001 to discuss your potential case during a free, no-obligation consultation.
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