When someone’s negligence results in another person’s death, the victim’s surviving family members have the right to seek restitution from the party responsible. If this has happened to your family in or around Decatur, GA, we can help you hold the liable party accountable and recover compensation for your loved one.
Our Decatur wrongful death lawyer with Kaine Law will help you better understand the legal process of 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 a Decatur Wrongful Death Attorney Might Pursue in a Lawsuit
Your family could recover economic (financial) and non-economic (non-financial) damages, including the following:
- Funeral and burial expenses
- Medical care expenses
- Loss of income, tips, employees, benefits, and bonuses
- Your loved one’s pain and suffering
- Loss of companionship and love
- Loss of society and support
Your potential damages are unique to your case. Our Decatur wrongful death attorney will consider all your losses and advise you on how much compensation you and your family could recover.
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, you can’t receive damages for the losses you suffered after your loved one’s passing in a Decatur death claim. This contrasts with wrongful death cases in other states, which tend to allow for recovery on 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 will review the victim’s life to determine the total amount they will award you. While there is no specific formula on how to compute this total amount, 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
How a Decatur Wrongful Death Attorney Proves a Case
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 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 attorney 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 Our Decatur Wrongful Death Lawyers Can Help
We work with our clients on a contingency fee basis, which means we don’t charge you any attorney’s fees upfront for managing your case. We won’t receive payment unless we recover compensation for you. We can discuss this payment arrangement during your free consultation.
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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 Decatur Wrongful Death 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 your loved one was fatally injured in a hit-and-run crash. 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 matters. 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 all your questions. We are here to support you in any way we can.
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, the spouse can bring the suit if the decedent has a surviving spouse. 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.
Types of Wrongful Death Cases in Decatur, GA
Our Decatur wrongful death compensation lawyers handle various wrongful death actions that concern negligence causing someone’s death. These include:
- Traffic accidents (including those involving cars, trucks, and motorcycles)
- DUI (driving under the influence) accidents
- Pedestrian accidents
- Boating accidents
- Bicycle accidents
- Slip and fall accidents
- Defective medications and medical devices (product liability)
- Workplace accidents (e.g., construction site accidents)
- Medical malpractice
These are just a few events that could lead to families seeking wrongful death damages on their loved one’s behalf. We encourage you to call us if you don’t see your situation here. When we speak with you, we can review your options and advise on how we could handle a wrongful death action if it applies. We will answer all your questions and explain how Georgia law works.
Can I Pursue a Wrongful Death If a Criminal Case Is Pending?
Yes, civil and criminal actions are separate legal matters. Your family can seek wrongful death damages from the defendant, even if charges are dropped in their criminal case.
Our Decatur injury attorney can review the situation and offer guidance to help inform your decision.
Seek Justice for Your Loved One Today in a Decatur Wrongful Death Case
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 attorney 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. You can contact us for a free consultation to discuss your wrongful death case today.