When someone’s negligence results in another person’s death, the victim’s surviving family members have the right to seek restitution from the one responsible. If this has happened to you and your family in the Decatur, Georgia, area, we want to help you hold the liable party accountable and recover compensation for your loved one.
A Decatur wrongful death lawyer with Kaine Law will help you better understand the legal process concerning wrongful death actions in Georgia. We will take care of the complexities of your case so that you can take care of yourself and your family. We are here to help and are ready to talk with you more about your situation during a free case evaluation.
Recoverable Damages in a Decatur Wrongful Death Lawsuit
Your family could recover economic and non-economic damages, including the following:
- Funeral and burial expenses
- Medical care expenses
- Loss of income, tips, employees, benefits, bonuses
- Your loved one’s pain and suffering
- Loss of companionship and love
- Loss of society and support
For a free legal consultation with a wrongful death lawyer serving Decatur, call 404-214-2001
Other Things to Know About Wrongful Death Damages in Georgia
Under Georgia’s wrongful death laws, the damages you can receive in a Decatur death claim will not be the losses you suffered after your loved one’s passing. This contrasts with wrongful death cases in other states, allowing for recovery from medical and burial expenses. However, in Decatur, such losses would need a separate estate claim filing.
Instead, the liable party must pay you for the deceased’s “full value of life” in a wrongful death case. The court would review the victim’s life to determine their value if they had lived. While there is no specific formula on how to compute your loved one’s value, some factors that may get taken into consideration include:
- The deceased’s age
- Overall health
- Employment status
- The type and value of their services
- Income and other financial assets
- Value of the deceased’s life to surviving loved ones
We will review all damages in your case and assign your case a financial value. This amount will be the compensation we will seek from the liable party. Georgia currently does not have any caps on the amount you could receive in a wrongful death case.
Decatur Wrongful Death Lawyer Near Me 404-214-2001
Proving Wrongful Death in Decatur
Proving a Decatur wrongful death action works similarly to other negligence-based actions. In most cases, you will need evidence showing that:
- Duty of care: The at-fault party was obligated to act reasonably to keep your loved one away from harm.
- Breach: The party failed to keep that duty by their actions or inactions.
- Causation: Their breach of duty caused an accident or event that led to your loved one’s death.
- Damages: Your loved one would have recovered compensatory damages had they survived. Also, you and your family have financial, emotional, and physical losses because of the decedent’s death.
Our Decatur wrongful death lawyer will investigate your loved one’s passing and collect and review evidence to show how the defendant’s careless or reckless actions fatally harmed them. Such evidence includes:
- The police report
- Your loved one’s medical records
- Invoices and receipts
- Photos of the accident scene and/or your loved one’s injuries
- Video surveillance
- Witness statements
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How We Can Help Your Decatur Wrongful Death Case
We work with our clients on contingency, which means we don’t charge you upfront attorney’s fees for managing your case. We won’t receive payment unless we recover compensation for you.
We Will Handle the Insurance Company for You
Our legal team knows how to negotiate wrongful death actions. In most injury cases that we handle, we resolve them with settlements from insurers. We will negotiate with the liable party’s insurer. If we can’t recover a settlement for you, we will file a lawsuit and seek your financial recovery in court.
We Will File Your Case on Time
We will file your lawsuit on time and within Georgia’s statute of limitations. You have two years from the date of your loved one’s death to file your legal action, per O.C.G.A. § 9-3-33. The deadline could change if a hit-and-run accident fatally wounded your loved one. If so, the filing deadline could be extended until the driver is found. We can advise you of any exceptions or deadlines that apply to your case during your free case evaluation.
We Will Take Care of Your Case from Start to End
You can focus on your family while we take care of your entire case. We will pay your case’s filing fees and courtroom fees and take care of all document requests and consulting. We will interview witnesses, take depositions, and develop your case’s legal strategy. We will keep you updated on your case’s developments and answer your questions. We are here to support you in any way we can.
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Who Can File a Wrongful Death Lawsuit in Decatur?
State law designates who can file for wrongful death in Georgia. The deceased’s immediate family will have the right to file a wrongful death case. As outlined in O.C.G.A. § 51-4-2, If the decedent has a surviving spouse, the spouse can bring the suit. Otherwise, their children can file it. If there is no surviving spouse, child, or parent, the appointed estate executor in the deceased’s will can bring the case forward.
Aside from helping you establish your case, our attorney handling wrongful death cases in Decatur can also represent you in court and counsel you through the proceedings.
Seek Justice for Your Loved One Today
Losing a family member because of another person or entity’s negligence can be a traumatizing and costly experience. If you lost a loved one to wrongful death in Decatur, you may be able to file for damages and seek closure for yourself and your family.
Kaine Law has a Decatur wrongful death lawyer ready to work with you to recover damages on your loved one’s behalf. Our legal team has over 20 years of experience handling injury and accident cases throughout Georgia. To discuss your wrongful death case today, you can contact us for a free consultation.