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 fair compensation for your loss, and the wrongful death accident lawyers at Kaine Law can help.
Our Duluth personal injury lawyers are prepared to help your family through this difficult 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 From a Wrongful Death Claim?
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 our law firm considers 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
- Their age at the time of the accident
- The cause of the accident
- The 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 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 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 a 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 pre approved costs and fees from your settlement check. If you don’t win, you don’t owe us anything.
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There Is a Time Limit to File for Wrongful Death Damages
Under O.C.G.A. § 9-3-33, your family generally 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 Kaine Law Will Investigate Your Family’s Wrongful Death 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: The other party has an obligation by law, and possibly by profession, to ensure your safety. For example, car drivers must obey traffic laws. Doctors must prescribe the correct medications at the appropriate dosage. Property owners must maintain their staircases and walkways.
- Breach of Duty: At some point, the at-fault party deviated from their responsibilities. To continue the examples, the car driver sped through a red light. The doctor prescribed the wrong blood pressure medicine. The property owner ignored the loose handrails and uneven concrete paths on their property.
- Causation: Because of the actions or inactions of the breach, the victim suffered injuries in an accident. Continuing again, the speeding driver injured another driver in a side-impact collision. The doctor’s patient suffered a heart attack due to the wrong blood pressure medication. A tenant fell down the stairs at their apartment complex when the handrail gave way.
- Damages: The accident and injuries led to the victim suffering pain and financial loss. These damages could include medical expenses, lost income while out of work, and non-economic losses such as pain and suffering.
We work to compile evidence that shows 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).
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, which may place liability on the mechanic or business.
Part of our investigative process is determining all the liable parties. In a car accident, for example, the liable parties 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 and 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 any of the following manners. 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, such as funeral expenses and loss of companionship
- 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.
Duluth Wrongful Death FAQs
The wrongful death claims process in Duluth and across the state of Georgia can be particularly complex. We understand how confused and uncertain this time must be.
In the hopes of helping you gain confidence in your decision to move forward with your case, we have answered some of the most frequently asked questions surrounding wrongful death actions in Duluth below. If you have additional questions we did not answer here, do not hesitate to contact our office so we can discuss the specific details of your case.
Will I Have to Go to Court?
It is difficult to say whether your case will need to go to court. In many wrongful death and fatal accident claims, surviving family members can recover compensation through an insurance settlement alone.
However, there are many instances in which dealing with the insurance company does not prove successful. If the insurance company does not offer a fair settlement that covers your damages in full, or if the defendant does not have insurance coverage, going to court may be the best way to ensure the at-fault party is brought to justice.
Should I Give a Statement to the Insurance Company?
It is never a good idea to give the insurance company a statement without first discussing your statement with your personal injury attorney. Better yet, instead of giving the insurance company a statement, direct the insurance adjuster to your attorney, who can personally negotiate with the insurer on your behalf.
If you want to be sure that the insurance adjuster has the facts they need to process your case, you can protect yourself by having your attorney negotiate for you.
How Much Does It Cost to Hire a Duluth Wrongful Death Attorney?
One of the great things about wrongful death attorneys is the ability to work on contingency. Surviving family members can enter contingency agreements with wrongful death attorneys who will then absorb all the risk of pursuing the case.
Then, unless your lawyer wins your case, you will not be expected to cover any attorney fees or out-of-pocket costs. In this way, there is little risk in reaching out to a Duluth wrongful death attorney for help with your fatal accident claim.
Contact Us for Help Today
When your family is ready to take legal action against those responsible for causing your family member’s death, a Duluth wrongful death lawyer at Kaine Law may be able to help.
Contact our office for a no-cost, risk-free consultation today. If we take on your case, your family can turn their attention toward mourning your loss while we work on building a powerful case against the at-fault party.