It is hard enough to lose a loved one under ordinary circumstances. An unexpected loss can throw your entire family into turmoil. You and your family have options to receive compensation for your loss, and the wrongful death accident lawyers at Kaine Law can help.
Our Duluth wrongful death team is prepared to help your family through this trying time. We can work behind the scenes to build a claim to help your family recover from accidental death expenses. We can investigate who was at fault and fight to get your family the compensation they deserve.
What Compensation Can My Family Receive?
Although money can never replace your loved one, having help with the expenses of their passing can be a huge relief to your family. When we calculate the value of your claim, we look at medical bills, funeral costs, and more to determine the amount of compensation you deserve.
Some of the things we consider are:
- Hospital and medical bills for treatment before their passing
- Nursing home or hospice care
- Any life support and resuscitation measures by medical personnel
- The loss of their income and the impact on the family
- Funeral and burial expenses
We also calculate the extent of their pain and suffering, which includes evaluating:
- The severity of their condition
- The time between the accident and their death
- Age at the time of the accident
- Cause of the accident
- Economic losses due to the accident and resultant care
- The overall impact on the family’s life
Each claim is different, and there may be additional areas of compensation we explore.
For a free legal consultation with a wrongful death accident lawyer serving Duluth, call 404-214-2001
Who Can Claim Wrongful Death Damages?
Under the provisions of O.C.G.A. § 51-4-2, only certain family members can file a claim for wrongful death in Georgia.
- The surviving spouse
- Surviving children if there is no surviving spouse
- If there is no spouse or children, the parents of the decedent may file a claim
- If none of the above apply, the designated representative may file on behalf of the estate
Provisions for filing a claim in the event of the wrongful death of a child are explained in O.C.G.A. § 19-7-1. Our wrongful death team can explain the conditions to ensure your claim is correct.
Duluth Wrongful Death Accident Lawyer Near Me 404-214-2001
The Death Caught Us off Guard – We Can’t Afford an Attorney
Wrongful death is not something that anyone can plan for. We understand the financial bind that sudden unexpected death can place on the surviving family. Your initial case evaluation is free. We work on a contingency basis if you retain our services, meaning you have no costs unless you win. We cover all fees, including:
- Consulting experts to build your claim
- Filing fees
- Courtroom fees as necessary
- Requests for supporting documents to make your case
There’s no need to worry about dipping into your savings for legal fees. We deduct our costs and fees from your settlement check. If you don’t win, you don’t owe us anything.
There is a Time Limit to File for Damages
Under O.C.G.A. § 9-3-33, your family only has two years to file a wrongful death lawsuit from the date of death. There are a few exceptions to this, depending on extenuating circumstances. It may be beneficial to contact our Duluth wrongful death accident team if you have questions or concerns about meeting this deadline.
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How We Investigate Your Claim
Following your free case evaluation, one of the first tasks our team can undertake is a complete investigation. In addition to speaking with industry experts and law enforcement officials, we can gather the following documentation:
- Accident or incident reports
- Medical treatment records for your loved one
- Any invoices, bills, and receipts for injury-related expenses
- Photos from the scene of the accident
- Video evidence from nearby security cameras or traffic cameras
- Witness statements
Our wrongful death team can look at all the available evidence to determine who was at fault and prove that the defendant was negligent.
Proving Wrongful Death
Whenever there is an accidental death, it is essential to determine whether it was an actual accident or if negligent behavior was a part of causing the accident. When there is negligent behavior, it is necessary to meet the four elements to prove negligence:
- Duty of Care
- Breach of Duty
We work to compile evidence that shows that the defendant had a responsibility to act in a specific manner (duty of care) and that they neglected to act responsibly (breach of duty). Then we must show that their failure to act responsibly caused the accident (causation) that resulted in your family member’s wrongful death (damages).
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Determining Who Was Liable (Who Has to Pay)
In some cases, only one responsible party is liable for an accident, such as a driver hitting a pedestrian crossing at a crosswalk. In other cases, there may be more than one liable party, such as failing brakes shortly after a vehicle servicing, that may place liability on the mechanic or business.
Part of our investigative process is determining all the liable parties, which may include:
- The driver
- The driver’s insurance company
- A business owner
- A mechanic or faulty repair part
Our Duluth wrongful death accident team can work to find every party that has any liability to fight for the compensation your family deserves.
Causes of Wrongful Death Our Team Handles
We handle much more than traffic accident wrongful death cases. Suppose you lost a family member in the following manners and more. In that case, our Duluth wrongful death accident team can help.
- Property Damage and Diminished Value Claims
- Dog Bites
- Premises Liability
- Golf Cart Accidents
- ATV Accidents
- Boating Accidents
- Train Accidents
- Product Liability
Suppose another person’s carelessness or reckless behavior results in the death of your loved one. In that case, we can fight to get your family the compensation they deserve.
How Our Wrongful Death Accident Team Can Help
Kaine Law works hard to resolve most claims during the settlement process. We negotiate with an advantage that includes:
- An understanding of the liability provisions
- Calculating your damages
- Proving the liability and negligence of the defendant
- Being aware of and protecting against bad faith insurance practices
- Taking care of all communications with the liable party and their representatives
We can work on your claim from start to finish, including filing all necessary forms and paperwork for a lawsuit, conducting a thorough investigation, and fighting on your behalf during the negotiation phase. Contact our office for your free case evaluation to learn more about Kaine Law.