You don’t have to be alone in handling your legal matters after you lost a loved one in a wrongful death case. In addition to coping with your grief, you may be left with expensive medical and funeral bills at a time when you have lost critical financial support.
If your loved one died because of someone else’s negligent behavior, you may be entitled to financial compensation known as damages. One of our wrongful death lawyers serving Conyers may be able to help you recover damages for medical bills, funeral expenses, and more. Our injury lawyers work on contingency, so you pay nothing unless we win.
What is a Wrongful Death?
A wrongful death is a death caused by another person’s careless or reckless behavior. All wrongful death cases contain the following elements:
- Duty of care: All people have an obligation to act safely and reasonably, in a manner similar to the behavior of other people in the same situation.
- Breach of duty: When people violate their duty of care, they put others at risk.
- Causation: Sometimes, a person who breaches this duty causes an injury to another person. In a wrongful death case, the injury results in death.
- Damages: An individual who injures another person by breaching the duty of care is financially responsible for the injury and its associated expenses.
There are many types of wrongful death cases, including:
- Car accidents
- Boating accidents
- Pedestrian accidents
- Slip and fall accidents
- Medical malpractice
Recoverable Damages in a Wrongful Death Case
Damages for a wrongful death are intended to compensate the family of the decedent for the full value of the life lost as well as specific expenses associated with the injury and death.
There are two types of recoverable damages: economic, which provides compensation for direct expenses, and non-economic, which provides compensation for intangible losses. Here is more information on these two types of damages:
Your lawyer will use medical bills, bills for funeral and burial services, past wage statements, and more to estimate the value of your economic damages. You may be able to recover damages for:
- Medical expenses for your loved one’s treatment before he or she passed away, such as ambulance bills, emergency medical treatment, diagnostic imaging, surgeries, pain medication, and more
- Funeral and burial costs for services such as embalming, cremation, and the funeral, as well as the cost of the urn or casket and the burial plot
- Loss of support for the wages and benefits your loved one would have provided if he or she had survived
- Loss of service for the chores and services, such as childcare or lawn care, that your loved one would have provided if he or she had survived
Non-economic damages can be harder to quantify since there are no bills for pain and suffering. Your lawyer will estimate the value of your damages for:
- Loss of companionship
- Loss of counsel
- Loss of care
- Loss of advice
Who Can Recover Damages for a Wrongful Death?
O.C.G.A. § 51-4-2 states that the surviving spouse can recover damages for the wrongful death of a loved one. If there is no surviving spouse, then the child or children of the decedent may recover damages.
Your wrongful death lawyer serving Conyers can evaluate your case and help you determine who can legally recover damages.
How a Lawyer at Our Firm Can Help with Your Wrongful Death Case
You may wish to seek help from our team for a number of reasons. Mainly, know that we can handle every detail of your case for you so that you don’t have to. More than this, we can protect the value of your potential settlement and advocate for your best interests in a claim or lawsuit.
Listen to Your Story
We will take the time to listen to your story.
Evaluate Your Case
After listening to your case, we will give you an honest assessment and advise you as to how to proceed.
Investigate the Wrongful Death
We will investigate your case, gathering evidence of negligence. We will interview eyewitnesses, collect police reports, gather medical records, and more.
Assist You in Filing a Claim
We will help you file a claim with the other party’s insurance provider. We will submit any necessary supporting documents such as medical bills and records, past wage statements, and funeral and burial bills.
Negotiate a Settlement
We will negotiate a settlement that provides fair compensation for the full value of your loved one’s life. We will evaluate all settlement offers in terms of our estimate of your damages.
File a Lawsuit
If the insurance company refuses to agree to a reasonable settlement, we will file a lawsuit and fight for you in court.
Our Case Results Highlight Our History of Success
We are committed to helping our clients and advocating for them with the insurance companies and in the courts. Our team of lawyers has multiple decades of experience representing victims of personal injury and the families of victims of wrongful death.
Here are a few examples of settlements we have obtained for our clients:
- $11 million settlement for a car accident
- $700,000 settlement for a dog attack
- $5.75 million settlement for an accident caused by poor road conditions
Legal Deadlines in a Wrongful Death Case
O.C.G.A § 9-3-33 establishes the statute of limitations as two years from the date that your loved one died. This date may not be the same as the date of the accident. In general, if you wait longer than two years to file a lawsuit against the at-fault party, you forfeit your right to sue.
Under certain circumstances, the statute of limitations for wrongful death can be extended. Ask us how this law applies to your wrongful death case.
Kaine Law will Fight for Your Rights in a Wrongful Death Case
While nothing can compensate you for the loss of your loved one, you can seek financial compensation for the full value of the life of your loved one. Our wrongful death lawyer serving Conyers may be able to help you recover damages if your loved one died because of another person’s negligence.
.Call Kaine Law at (404) 214-2001 for a free case consultation