If your loved one died in a car accident or other incident caused by another party’s negligence, an Athens wrongful death lawyer from our team is here for you. We can build a robust case and fight for the compensation you and your family need.
When you hire an Athens personal injury lawyer from Kaine Law to manage your case, you will have multiple decades of combined experience on your side. Your family can count on us to navigate the wrongful death claims process and pursue fair compensation that holds the at-fault party responsible.
Contact us today for a free consultation with our team. We will answer your questions, assess your options, and ensure you understand how we can help.
Trust Your Athens Wrongful Death Claim to the Kaine Law Team
At Kaine Law, our reviews and ratings from former clients tell the story. We believe in putting our clients first. We have decades of combined experience building cases and filing claims for families who lost loved ones in negligence accidents. We fight for justice for families when they need us the most.
You can count on our legal team to listen to your story and provide the attention and advocacy you and your family need. We make this process as easy and stress-free as possible, allowing you to grieve while we handle your case. We know how to handle these cases and help you recover as fully as possible, including financially and emotionally.
We care about your family and your case. We handle all wrongful death cases based on contingency. Your contract will have a no-fee agreement. You will not pay any attorney’s fees unless and until we secure compensation for you in your case. Contact us today to learn how during your initial consultation with our team.
For a free legal consultation with a wrongful death lawyer serving Athens, call 404-214-2001
Understanding Liability in an Athens, GA, Wrongful Death Case
Our attorneys handle investigations into catastrophic injuries and wrongful deaths regularly. We know how to manage these cases and develop strong support for your claim. Liability for wrongful death in a negligence incident in Georgia falls on the party whose careless or reckless actions caused the accident or incident. Some possible examples include:
- An at-fault driver in a car accident
- A property owner who did not repair a hazardous condition
- An employer that ignored safety protocols
- A manufacturer of a defective product
- A medical provider who committed malpractice
Wrongful deaths can occur in many ways. In almost any instance where negligence causes injuries, a fatal injury is possible. Some types of wrongful death accidents our lawyers investigate include:
- Car accidents
- Motorcycle crashes
- Pedestrian injuries
- Drunk driving accidents
- Truck crashes
- Bicycle collisions
- Dog bites
- Premises liability injuries
- Golf cart accidents
- ATV crashes
- Boating collisions
- Train accidents
- Product liability injuries
These cases are generally based on negligence. Negligence is defined as the failure to exercise reasonable care which results in harm to another person. In legal terms, the elements of negligence include:
- Duty of care: The accused party owed a legal duty to the victim.
- Breach of duty: The defendant failed to meet that duty.
- Causation: The breach directly caused the fatal injury.
- Damages: The victim and their family suffered measurable harm.
Athens Wrongful Death Lawyer Near Me 404-214-2001
Who Can File a Wrongful Death Lawsuit in Athens, GA?
Georgia’s Wrongful Death Act, O.C.G.A § 51-4, defines who can pursue a wrongful death action in the state. Under this law, the following individuals have a right to file a lawsuit or take other legal action to hold the liable party or parties accountable:
- The surviving spouse is the first in line to file and will also represent any minor children
- If there is no surviving spouse, adult or minor children can file the action
- If the deceased has no spouse or children, their parents may file a lawsuit
- If there are no eligible family members, the personal representative of the estate can file on behalf of the estate and recover damages due to the estate
Our attorneys can help you identify who needs to represent your family through the legal process. Our team knows how these laws work and how to pursue your case, giving it the best chance at success.
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What Types of Damages Are Recoverable in an Athens Wrongful Death Case?
Georgia law allows surviving loved ones to pursue damages for the “full value of the life” of the victim who died because of someone else’s negligence. Each case is unique and will have its own types of recoverable damages and possible settlement range. Our attorneys will work to identify your recoverable damages and develop strong support for a case to recover them.
In general, family members can pursue compensation for their direct losses, while the estate can pursue additional claims for medical care, funeral and burial expenses, and more. Some commonly recovered expenses and losses in these cases include:
- Lost income the victim provided before their death
- Lost benefits from the victim, such as insurance and retirement
- Services they provided prior to their death
- Lost companionship, counsel, and care
- Medical costs related to their final injury
- Funeral and burial expenses
- Conscious pain and suffering the victim experienced
It is easy to underestimate the expenses and losses you and your family experienced due to your loved one’s death. Our team has extensive experience identifying and documenting damages in personal injury and wrongful death cases. We will handle this for you, ensuring you understand the full value of your case and do not settle for a lowball offer.
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What Evidence Will an Attorney Use to Support Your Athens Wrongful Death Case?
When an attorney from our team handles your wrongful death case, we need to collect strong evidence to support your case and compel the insurance carrier or liable party to agree to pay for the damages your family endured. This evidence must convincingly show:
- The accused party caused the accident
- Your loved one died from accident injuries
- Your family suffered the damages we listed
- The insurance company is responsible for these losses
Each case is unique, and the evidence available could vary widely. However, some of the most common types of evidence we use to prove wrongful death cases include:
- Police accident reports or other official documents related to the event or incident
- Relevant medical records that show the cause of death and all related injuries
- The death certificate shows the official cause and time of death
- Recorded statements or testimony from those who witnessed the incident or are aware of key facts of the case
- Expert testimony and opinions from accident reconstructionists, doctors, and others
- Photos from the scene that provide details about what happened and who was involved
- Video of the incident, often from surveillance footage or traffic cameras
- Your loved one’s employment and earnings records to document lost income and benefits
- The autopsy report and medical examiner’s findings, if available
- Other documentation of damages, such as bills, receipts, and paperwork showing losses
Once we have strong support for the claim, we must determine the best course to take to secure compensation for you and your family. There are generally two options:
Negotiate a Fair Settlement
Most of these cases settle without going to trial. We demand fair compensation from the at-fault party’s insurance company—often their auto liability or homeowner’s policy or a corporate liability policy for businesses—and negotiate a fair settlement. This is the best approach when there are no disputes over fault or liability, and they are willing to make a fair offer for the payout.
File a Lawsuit and Litigate the Case
When there are disputes about the case facts or significant differences in what we demand and the money they will offer, a lawsuit is sometimes necessary. Most lawsuits settle before the court date arrives, too. However, this is the first step in litigating the case and is necessary if we need to take the case to a jury trial for a verdict.
How Long Do You Have to File a Wrongful Death Lawsuit in Georgia?
While we understand that this is a difficult time for your family and thinking about taking legal action might not be a top priority right now, we encourage you to contact us as soon as possible. We need to preserve key evidence, begin documenting what happened, and ensure you meet all applicable deadlines.
You generally have up to two years to sue in a wrongful death case under O.C.G.A § 9-3-33. However, you could have less time under certain circumstances, such as if an Athens-Clarke County or Georgia state agency is liable. Our team can assess the timeline for your case during your initial consultation with us.
Talk to Our Athens Wrongful Death Team About Your Case for Free
Kaine Law provides free consultations for families who have lost a loved one due to someone else’s negligence. Contact us today to learn how an Athens wrongful death lawyer from our team can help you get justice for your family and lost loved one.
Call or text 404-214-2001 or complete a Free Case Evaluation form
