At Kaine Law, we serve individuals and families in Ellenwood by helping them defend the rights of their loved ones 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, our Ellenwood personal injury lawyers 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 pain of losing your loved one, it can help you restore a sense of justice for their death and financial stability for their absence. Call today for a free case consultation.
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 lawyer on your side who can help you navigate the legal process is invaluable.
At Kaine Law, our legal team has more than two decades of collective experience in defending the rights of accident victims. With multiple millions of dollars recovered in car accidents, motorcycle accidents, dog attacks, bar fights, and more, Attorney Evan Kaine is a member of the Multi-Million Dollar Advocates Forum. Our team of personal injury attorneys knows how to defend your case in order to recover damages you and your family are entitled to receive.
What It Means to Work With Our Compassionate Wrongful Death Attorney
Your family deserves time to cope with an unexpected loss. While you take care of each other, we get to work building a strong case for financial recovery. On your behalf, we will:
- Identify the cause of your loved one’s demise
- Thoroughly assess your recoverable damages
- Identify the negligent party and their insurer
- Collect supportive evidence and documents
- Communicate with all relevant parties for you
- Clarify complex legal and insurance language
- Negotiate a favorable monetary settlement
We also provide ongoing updates on the progress of your case as it progresses and throughout the negotiation process.
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:
- Car accidents
- Medical malpractice
- Defective products
If you have lost a loved one due to the actions or inactions of another, you and your family could be eligible to file a wrongful death claim.
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. However, the compensation from a wrongful death case is a little more complicated, and you and your family may find it difficult to pursue these losses while grieving.
With a lawyer on your side who understands the nuances of wrongful death laws in Georgia, you could recover applicable damages pertaining to your case. The wrongful death attorneys at Kaine Law will investigate the details of your loved one’s wrongful death to put together a comprehensive legal claim that defends your loved one and their estate.
Your Ellenwood wrongful death lawyer will prove these elements of negligence to substantiate your case:
- Duty of care: The other party’s legal obligation to your safety
- Breach of duty: The other party’s failure to meet their legal duty
- Causation: The correlation between the other party’s action and your accident and injuries
- Damages: The financial consequences of the loss of your loved one
Our investigative team will build a comprehensive evidence collection, including police reports, witness statements, and accident scene reconstruction. We also collect evidence that might be emotionally triggering, including your loved one’s death certificate.
Kaine Law believes in fighting for victims and their families, and that is the legal representation your grieving family deserves right now. Call us today for a free consultation.
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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, 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 You Have to File a Wrongful Death Lawsuit in Georgia?
Under O.C.G.A. § 9-3-33, claimants generally 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 at the forefront of your mind. Our law 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
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 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 legal representation both your family and your loved one deserve. At Kaine Law, our personal injury attorneys are here to help you understand how Georgia’s wrongful death laws can serve you. Plus, we work on contingency. You owe us nothing unless we win.
Reach out for a free consultation with one of our team members today to see how our attorneys can best serve you.
Call or text 404-214-2001 or complete a Free Case Evaluation form