At Kaine Law, we serve individuals and families throughout the Georgia area by helping to defend the rights of those who died due to someone else’s negligence. If you have a loved one who has passed away due to an accident or any other event caused by the negligence of someone else, an Ellenwood personal injury lawyer can fight to recover the compensation for your loved one’s death.
Seek out an Ellenwood wrongful death accident lawyer at Kaine Law and begin the initial steps in filing a wrongful death claim. While a wrongful death claim cannot undo the damage that took away your loved one’s life, it can help you restore a sense of justice to honor their death.
See How an Ellenwood Wrongful Death Accident Lawyer Can Serve Your Family
Turning to a dedicated personal injury firm such as Kaine Law will give you the confidence and peace of mind to move forward in the legal process. Wrongful death lawsuits in Georgia can be complicated and having a dedicated lawyer on your side who can help you navigate that process is invaluable.
At Kaine Law, our legal team has multiple decades of collective experience in defending the rights of accident victims. With a collective millions of dollars recovered in car accidents, motorcycle accidents, dog attacks, bar fights, and more, our team of attorneys knows how to defend your case in order to recover damages you and your loved one are entitled to. Contact us today for a free consultation on your case.
For a free legal consultation with a wrongful death lawyer serving Ellenwood, call 404-214-2001
What Is a Wrongful Death in Georgia?
Like all states, Georgia has a version of laws that define a wrongful death and how to move forward following one. According to O.C.G.A. § 51-4-1, wrongful death is defined as a death resulting from a crime or negligence.
This rather straightforward definition details that if someone dies because of the fault of another individual or party (such as a business), a wrongful death lawsuit may be brought forward. Common reasons for a wrongful death lawsuit include the following:
- Medical malpractice
- Defective products
- Car accidents
Ellenwood Wrongful Death Lawyer Near Me 404-214-2001
Wrongful Death Lawsuit vs Personal Injury Lawsuits
Much like a personal injury lawsuit, a wrongful death lawsuit seeks to hold a party accountable for careless and negligent behaviors. The compensation from a wrongful death case is a little more complicated, and it can be difficult to go after these losses while you and your family are grieving.
It’s important to have a lawyer on your side who understands the nuances of wrongful death laws in Georgia. A knowledgeable lawyer can help you recover applicable damages pertaining to your case.
At Kaine Law, our dedicated attorneys will investigate the details of your loved one’s wrongful death to put together a comprehensive legal claim that defends them and their estate.
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Who Can File a Wrongful Death Lawsuit in Georgia?
Unlike other types of personal injury cases, wrongful death lawsuits in Georgia are specific about who can file them.
Extended family cannot pursue wrongful death damages for a deceased family member. Only the immediate family members may bring forward a case. O.C.G.A. § 51-4-2 outlines which family members can pursue a lawsuit, and in what order:
- The spouse of the deceased individual
- If the deceased has no spouse, any surviving child or children
- If there is no spouse or children, the parent(s) of the deceased
- If there is no spouse, children, or parents, then the deceased person’s estate executor will be next in line.
Let our firm help you avoid any guesswork; our lawyers can help you determine your eligibility for pursuing damages after a family member passes away. Your focus should be on your family and on mourning your losses, and we can ease the legal burdens you are facing.
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How Long do I Have to File a Wrongful Death Lawsuit in Georgia?
Under O.C.G.A. § 9-3-33, claimants have two years to file a wrongful death lawsuit. In certain circumstances, that two years may be “tolled” or paused.
In the days and months after someone’s passing, pursuing a wrongful death case may not be on the forefront of your mind. Our firm can handle filing a lawsuit and completing any necessary tasks or paperwork before the statute of limitations runs out.
Understanding Damages Associated with Georgia Wrongful Death Lawsuits
According to O.C.G.A. § 51-4-1, there are two main prongs that make up the damages in a wrongful death lawsuit. The first is the financial burden that is directly related to the victim’s death, the second is the loss of the “full value of life of the decedent.”
These two damages include both economic and noneconomic losses. Economic damages are typically easier to calculate while noneconomic damages are more complicated and subjective. The compensation for the “full value of life” accounts for:
- The lost wages which reflect what an individual might have earned had they still been alive.
- The lost companionship, care, and advice of the victim to their loved ones.
In addition to calculating the “full value of life,” you can also seek out damages related to the death itself. This can include the following:
- Funeral and burial costs
- Any medical bills that were a direct result of the wrongful death
- Any other expenses incurred as a result of the wrongful death
If your loved one was the victim of wrongful death, you will undoubtedly face financial burdens. By filing a wrongful death lawsuit, you can pursue financial compensation that will help you cover the costs of these expenses.
See How an Ellenwood Wrongful Death Lawyer at Kaine Law Can Help You
No matter the circumstances of your loved one’s wrongful death, it’s important to seek out the representation both your family and your loved one deserves.
At Kaine Law, our dedicated attorneys are here to help you understand how Georgia’s wrongful death laws can serve you. Reach out for a free consultation with one of our team members, to see how our attorneys can best serve you.