Losing a close loved one unexpectedly comes with a whirlwind of emotions. As you spend time with your family, you may fluctuate between periods of grief and anger. You may also feel confused when considering your legal options. You may ask, “Can I hold the party responsible for my loved one’s death financially accountable?”
The answer is “yes.” Our personal injury lawyers in Atlanta can evaluate your situation and pursue justice and fair compensation after your loved one’s passing. Financial recovery may account for your loved one’s funeral arrangements, burial expenses, and final medical costs. You can also seek recovery for their pain and suffering. Now is the time to celebrate your loved one’s life—not fuss over complex legal details. The personal injury attorneys at Kaine Law are here to serve you. Call today.
Why You Should Choose Kaine Law to Handle Your Family’s Wrongful Death Case
Our legal team cares about your family’s recovery, but we do more than pursue damages for your losses. We understand the turmoil and grief you are experiencing, and we want to help you through this process stress-free. To help, our Atlanta wrongful death attorney will:
Provide Free Wrongful Death Case Reviews
We want to give you a personal look at what it’s like to partner with us. So, we offer free case reviews to prospective clients in the Atlanta area. Here, you can discuss your case with our team and get the answers to:
- What’s my case worth?
- How long will it take to reach a settlement?
- What can Kaine Law do for me?
- What are some challenges in my case?
- What results has Kaine Law secured for other clients?
There’s no obligation to partner with us during your call. This call is your chance to meet our team and get the answers to your most pressing questions.
Offer Legal Services on a Contingency Fee Basis
We know injury firms have a reputation for being expensive. This reputation prompts many people to handle their cases pro se—or without lawyers. On their own, claimants may face unexpected filing deadlines, confusing legal procedures, and overwhelming obligations.
We don’t want you to go through this challenge alone. Your family is dealing with enough right now, so we offer our service on contingency. Our attorney’s fees depend on your case’s outcome. If we win your Atlanta wrongful death case, we will take a preapproved percentage of your settlement to pay for our services. If not, you don’t owe us a thing.
Finance Your Wrongful Death Case’s Legal Obligations
In addition to handling your case at no upfront cost, we pay for your cases:
- Filing fees
- Courtroom fees
- Document requests
We’re not kidding when we say you pay nothing out of pocket for our help. Our Atlanta wrongful death attorneys are committed to doing everything possible to secure your case’s outcome with as little stress as possible for you.
Give Personalized Client-Focused Legal Care
We promise never to apply a standardized approach to your wrongful death case. Instead, we will listen carefully to your story and give your case the attention to detail it deserves. We can then tailor a legal strategy to suit your particular circumstances.
We also make it a point to keep you informed about your case as the process continues. We will never leave you in the dark, and we can provide contact information so that you can ask questions.
For a free legal consultation with a wrongful death lawyer serving Atlanta, call 404-214-2001
We Manage Various Wrongful Death Cases in the Atlanta Area
We’ve helped many wrongful death claimants in Atlanta and throughout Georgia pursue damages in various situations, such as:
- Motor vehicle accidents, including motorcycles and trucks
- Dog bites
- Premises liability incidents, including slips and falls
- Golf cart accidents
- ATV accidents
- Boating accidents
- Train accidents
- Product liability
- On-the-job accidents
While these are all different wrongful death situations, they do all have one thing in common: negligence, meaning another party’s actions or inactions harmed your loved one. To prove negligence, our Atlanta, GA, wrongful death lawyer will investigate your loved one’s loss of life, gather evidence, and identify your compensable losses.
We Will File Your Wrongful Death Lawsuit Within the Applicable Deadline
Every Atlanta wrongful death lawsuit must abide by Georgia’s statute of limitations. You generally have two years from the date of your loved one’s passing to file, per O.C.G.A. § 9-3-33.
Remember, the deadline begins on the date of your loved one’s death. If your loved one suffered catastrophic injuries after a car accident in Atlanta on August 1, 2022, but after being hospitalized, they passed on four days later on August 5, 2022, then you would have until August 5, 2024, to file your lawsuit.
Some Exceptions May Limit or Extend Your Wrongful Death Filing Deadline
Of course, each case is different. While most cases must abide by the two-year deadline, others do not. You could have more or less time to file your lawsuit if:
- Your loved one was hurt in a hit-and-run accident. The state may toll your filing deadline until the other driver is located.
- You’re pursuing loss of consortium. If your spouse passes away, you can pursue an expense called “loss of consortium.” This non-economic expense pays for the hardship of losing a romantic partner’s society and affection. You generally have four years to pursue this expense.
What Happens If the Statute of Limitations Expires on Your Atlanta Wrongful Death Case?
If you fail to file your lawsuit within the deadline, the courts will refuse to hear your case. Even worse, they may dismiss your case with prejudice, so you can never file it again.
Other implications include:
- The at-fault party would never be held financially accountable for their actions.
- The insurer would have little incentive to settle your case.
- You would have to pay for your losses on your own.
Our wrongful death team will file your case within the applicable deadline to protect your right to damages.
How Long Can an Atlanta Wrongful Death Case Take?
The timelines for wrongful death cases and injury cases, in general, vary according to the factors and circumstances involved. It helps if surviving family members who stand to receive financial compensation from a wrongful death action agree about the steps to take next. They also need to choose an administrator of the decedent’s estate as well as decide on multiple other matters.
Our Atlanta wrongful death attorney can guide your family through these complex matters to help streamline the process. In general, however, we advise that you prepare for the long haul and expect to make some key decisions along the way. Although we will provide guidance throughout your case, we leave it up to families to decide what they want to do.
Call Kaine Law today to find out how our Atlanta wrongful death lawyers can help you and your family through this difficult time.
We Demand the Best Possible Awards for Our Wrongful Death Cases
We will calculate your case’s value based on your loved one’s medical bills, lost income, age, and the cause of the accident. We may also consult with field experts (such as healthcare professionals) to learn about your loved one’s medical expenses.
We’re determined to seek a court award or settlement that pays for these types of damages:
Your Loved One’s End-of-Life Healthcare Expenses
Ambulance transportation costs might only be the beginning of your loved one’s healthcare expenses. You may also seek compensation for:
- Life support
- Doctors’ examinations
- Imaging scans
Each part of your loved one’s medical care is compensable.
Your Loved One’s Lost Income
Losing your loved one can threaten your financial stability. Reviewing their employment records, we can pursue damages for their lost income, tips, employee benefits, and bonuses.
We can also seek recovery for your lost income if you had to take time off work due to your loved one’s passing.
Your Loved One’s Pain and Suffering
Many clients ask us, “What is pain and suffering? What’s it worth?” Pain and suffering accounts for the hardships your loved one experienced before their passing. Its value depends on:
- The severity of their condition
- How long they survived before their passing
- Their age
- The impact of their death on their family’s life
- The cost of your economic losses
- The accident’s cause
Georgia doesn’t cap how much you can seek for pain and suffering.
Recovering compensation for your loved one’s funeral expenses may account for:
- The casket or urn
- The burial plot
- The service itself
- The headstone
When we speak with you, we may discover other losses not listed here to also pursue. It all starts with a call.
Complete a Free Case Evaluation form now
We’ve Recovered Multimillion-Dollar Settlements for Injured Claimants
Our founder, Attorney Evan Kaine, is part of the Multi-Million-Dollar Forum. Membership is offered to attorneys who have recovered more than a million dollars in settlements and verdicts. Less than one percent of the nation’s lawyers are members.
We’ve recovered compensation for life-altering incidents before, including:
- $11 million for a severe car accident
- $5.75 million for a collision caused by a roadway defect
- $4.3 million for an accident caused by a drunk driver
- $2.77 million for the victim of a bar fight
Our goal is to help your family recover from this terrible loss.
How Our Atlanta Wrongful Death Lawyers Can Build and Manage Your Case
We’re ready to take the burden of a wrongful death claim or lawsuit off your shoulders. While you spend time with your family, focus on your favorite activities, and celebrate your loved one’s life, we’ll handle everything. With us on your side, we will.
Investigate Your Loved One’s Passing
Every successful wrongful death case starts with an investigation. We’ll interview witnesses, consult with field experts, and talk with law enforcement officials to learn about what happened.
We will also secure the following to support your case:
- The accident report
- Your loved one’s medical treatment records
- Their injury-related invoices and receipts
- Photos of the accident scene
- Security camera footage
We will also speak with any witnesses to the incident and collect their statements. If necessary, we’ll also collect expert witness testimonies.
Gather Evidence to Prove Negligence
To “win” your case, we must prove negligence. Using the evidence we find, we’ll establish:
- Duty of Care: The other party is expected to behave or provide a service in what is commonly considered a safe and reasonable way. This other party could be a motorist, property owner, or dog owner.
- Breach of Duty: The at-fault party violated their duty of care by acting negligently—or failing to respond to a dangerous situation. For example, a motorist could drive over the speed limit, or a property owner failed to fix a broken staircase.
- Causation: The at-fault party’s actions or omissions caused your loved one’s passing.
- Damages: You have financial, emotional, and physical losses.
File Your Wrongful Death Claim With the Liable Insurer
Depending on your situation, we could file a claim with:
- A property owner’s homeowners insurance
- A business owner’s liability insurance
- The at-fault driver’s auto insurance
- Your loved one’s uninsured/underinsured motorist protection coverage
Filing a claim is more complicated than it sounds. For starters, the claims adjuster might not offer a fair settlement. They might also pressure you into accepting an unfair offer. We won’t let the claims adjuster take advantage of you. Kaine Law will advocate for your best interests.
Negotiate a Settlement With the Liable Party’s Insurer
We’re pleased to announce that we resolve most injury cases through insurance settlements. That’s because our team knows how to negotiate. This success requires:
- Understanding the liable policy
- Calculating your damages
- Proving fault and liability
- Protecting you against bad-faith insurance practices
- Handling communications with the liable insurer
If the insurer refuses to settle, it’s not a problem; we’ll file a lawsuit directly against the responsible party.
Handle Your Civil Lawsuit From Start to Finish
Don’t be intimidated by the idea of taking legal action. Our lawyers understand the state’s wrongful death laws and will do everything to seek the best possible outcome. We will:
- File your lawsuit and the necessary paperwork
- Interview witnesses
- Take depositions
- Exchange information during the “discovery” phase
- Present your case’s legal strategy
- Prepare you to give a statement
- Contest any unfair courtroom proceedings or questions
We will help you initiate your wrongful death lawsuit and seek punitive damages if applicable. Punitive damages are “an amount of money designed to punish the defendant.” Punitive damages can be awarded if the at-fault person acted recklessly or maliciously.
A personal injury lawyer from Kaine Law will also help you recover any medical expenses, compensation for loss of companionship, and any loss of income.
We have decades of legal experience. During that time, we’ve met many of Fulton County’s defense attorneys, prosecutors, and judges. To us, the courtroom is a home away from home. We’ll handle your case with the attention to detail it deserves.
We’re Ready to Manage the Potential Complications in Your Atlanta Wrongful Death Case
Even the most straightforward cases have complications. We can solve some challenges with a few simple phone calls. Others require ongoing communication and problem-solving.
Here are some problems we can address:
The Insurance Company Denies Your Claim
If the insurance company denies your claim, we can:
- Present more evidence
- Re-evaluate the liable policy
- Negotiate a settlement
- Consult with field professionals regarding your loved one’s passing
If these strategies don’t work, we can move forward with a lawsuit.
There’s Not Enough Evidence to Support Your Case
We’re not just lawyers; we’re investigators. If there isn’t enough evidence to support fault and liability, we will:
- Request a copy of the police report from Fulton County
- Interview witnesses, including bystanders who saw your loved one’s accident happen
- Pull traffic camera footage or surveillance footage
- Work with law enforcement officials to get more information
With the evidence we find, we aim to prove that your loved one passed away because of another party’s negligence.
The Claims Adjuster Won’t Return Your Phone Calls
These tactics are designed to deny or derail your claim intentionally. At first, when the claims adjuster doesn’t return your calls, you might shrug it off as a minor inconvenience. However, this could signify a bad-faith insurance practice.
You have protection against those practices, per O.C.G.A. § 33-6-34. Insurance companies are prohibited from:
- Misrepresenting insurance policies
- Failing to respond to your claim in a timely manner
- Pressuring or bullying you into accepting a low settlement
- Refusing to pay your claim without a valid reason why
- Unreasonably denying or delaying your case’s progression
We have no problem dealing with uncooperative insurance companies.
What Should I Do After Losing a Loved One in an Atlanta-Area Accident?
Take all the time you need to grieve and get back on your feet. With our team on your side, you don’t have to worry about anything. However, there are a few things you can do to promote your case’s resolution:
Keep All Documents Related to Your Case
You should keep all letters, invoices, and receipts related to your loved one’s passing. Even a ten-dollar receipt is compensable. We also recommend keeping all communications between you and the insurance company for your records.
Write Down Your Version of Events
Your testimony holds more weight than you think. By keeping a journal, you can keep an accurate record of your loved one’s passing, your interactions with the insurance company, and your mental health. We may use this journal to calculate the value of your non-economic damages.
Refrain From Sharing Your Case’s Information Online
It’s perfectly reasonable to share information about your loved one’s life online. However, refrain from sharing anything regarding your wrongful death case. You should avoid:
- Messaging the at-fault party or the insurance company online
- Making accusations about the other party’s fault
- Accepting friend requests from strangers
- Following the at-fault party’s social media pages
Before sharing something online, ask yourself: “Could this affect my case’s outcome?” If so, avoid sharing something until your case is over.
Think Twice About Early Settlement Offers
The insurance company might offer compensation immediately after it processes your claim. The first offer won’t account for your past and future hardships. It’s probably less than you deserve.
Insurance companies have these goals:
- They want to settle claims as quickly as possible to move on to the next claimant.
- They want to protect their bottom lines by paying as little money as possible.
- They may protect their bottom lines by any means necessary, from bullying grieving families to denying claims altogether.
When you accept compensation, your case ends. You cannot ask for more money later, even if you incur additional financial losses. Kaine Law will review all settlement offers and advise you on any fair ones. We want you to walk away with the money you deserve.
We Offer Resources to the Families Dealing With a Wrongful Death in Atlanta, GA
Our Atlanta, GA, wrongful death lawyers understand that losing a loved one can turn your life upside down. During this challenging time, we want to lend our support in any way we can. As such, here are some legal resources to alleviate your worries:
Our Online Video Library
We’ve been featured on local news stations for our advocacy for injured claimants and their families. You can learn about what it’s like to partner with our team by watching our online video interviews.
We also provide video FAQs to some commonly asked questions.
Our Car Accident Report Form
If you lost a loved one in an auto accident, our team has created a form where you can document important information. It also shares what you should and should not do after a fatal collision.
Our Social Media Pages
Our social media pages give clients an “up close and personal” look at partnering with us.
We’re Ready to Answer Your Wrongful Death Case-Related Questions
We understand that you likely have a lot of questions on your mind. We’re ready to answer all of them. Here are the top four questions we’ve received from prospective clients:
What’s My Atlanta Wrongful Death Case Worth?
There’s no “one-size-fits-all” value for wrongful death cases. Each case’s value is different. Your case’s value depends on the cause of your loved one’s passing, economic losses, and pain and suffering.
Georgia does not limit how much you can seek for your losses. So, there’s no limit to how much your case could be worth.
How Long Will It Take to Settle My Case?
It could take a few days to a few years to settle your case. We will do everything possible to keep your case moving forward. You can also expect periodic updates regarding your case’s progression.
Can I File a Wrongful Death Claim or Lawsuit?
You can file a wrongful death claim or lawsuit if you’re the decedent’s:
- Surviving spouse
- Estate’s representative
Georgia laws do establish how compensation should be divided among a decedent’s beneficiaries. For example, if a surviving spouse receives damages, they can take a third of the compensation and distribute the rest equally among the decedent’s surviving children, per O.C.G.A. § 51-4-2.
We can explain these laws and other wrongful death statutes in your Atlanta case. These matters can be complex to follow, but that is why our attorneys are here to help you and your family.
Don’t disregard your legal rights if you’re not on this list. Our team can listen to your story and explain your options.
Our Clients Have Great Things to Say About Our Georgia Law Firm
Kaine Law is accredited by the Better Business Bureau (BBB). We’ve been accredited since 2017 and have an “A+” rating.
Some of our former clients have shared:
- “Evan Kaine is a great attorney who kept me informed on all activity regarding my case. Always willing to go the extra mile to put me at ease. Very knowledgeable and thorough, always examining my case from every angle. I have recommended him to several friends and will continue to do so. Overall great legal service.” -B.S. Roswell, Georgia
- “Mr. Kaine and his staff are good people. They work hard to help those who need the help during tough times. I am so happy to have found Mr. Kaine and to call him and his office friends.” -R.H., Aragon, Georgia
- “I needed a strong, trustworthy lawyer with a national reputation. Evan came to my hometown and fought the good fight.” -J.B., Covington, Georgia
We Belong to Professional Organizations and Have Won Awards
Attorney Evan Kaine is a member of the Southern Trial Lawyers Association. Membership is limited to trial lawyers who want to expand their education regarding the civil process. Attorney Kaine and his team are constantly building on their injury law knowledge to serve clients better.
Some of our awards and recognitions include:
- Named the “Best Car Accident Lawyers” by Expertise.com for Duluth, Conyers, and Alpharetta in 2021
- A 10/10 approval rating from Avvo
- 2021 Georgia Super Lawyers
- 10 Best Attorneys for Client Satisfaction—High Verdict & Settlement Winner in 2018
As noted, we’re also part of the Multi-Million-Dollar Advocates Forum and the Million-Dollar Advocates Forum.
We Can Handle Your Wrongful Death Case So You Can Grieve in Peace
You deserve to grieve in peace and spend time with your loved ones right now. Still, few families are financially ready to face such a sudden loss. You deserve to properly honor the memory of your loved one without being burdened by the legal process.
We can seek financial recovery that can help your family honor your loved one and cope in their absence. Though nothing can replace them, a settlement or verdict can go a long way to helping you adjust. A wrongful death lawsuit is complicated, but we can handle the legal legwork for you.
Kaine Law’s Attorney Is Ready to Start Your Atlanta Wrongful Death Case Review
We’re ready to champion your legal rights after losing a loved one in Atlanta. When you call us, we’ll ask you a few questions about your situation and discuss your legal options. We’re available to answer your questions 24 hours a day, seven days a week.
Our Atlanta wrongful death lawyers are ready to assist your family. Call Kaine Law today.