Losing a loved one because of the careless and reckless actions of another is a pain no family should have to endure. The anger, the grief, the confusion, we understand what you are facing and have helped others seek justice for their loss. Georgia law allows you to hold negligent parties legally responsible for the financial expenses, emotional trauma, and your family’s losses because your loved one passed away in a preventable accident or incident.
At Kaine Law, our Marietta personal injury lawyers help families develop a case and pursue compensation for their family’s future. Our legal team provides free case assessments for families who lost loved ones in Marietta, the surrounding metro Atlanta area, and all parts of Cobb County. Call us today for your family’s free case consultation and learn more about your legal options for recovery.
Wrongful Death Damages Include a Wide Range of Losses
A wrongful death case is similar to a personal injury case, where the victim pursues compensation to cover their injuries, expenses, and losses. Compensation is recovered by proving the other party acted negligently and is, therefore, legally responsible for these costs.
However, in a wrongful death claim, the victim cannot act on their own behalf, so their family can pursue damages in their stead.
Recoverable damages vary based on the specifics of the case. In most cases, recoverable damages fall into one of two categories:
Covering Your Family’s Tangible Losses
Commonly referred to as economic damages, these losses represent the financial hardship your family has endured. Determined through the bills, invoices, and receipts accumulated since your loved one’s accident, your economic damages in a Marietta wrongful death case could include the following:
- Funeral and burial expenses
- Prior medical expenses
- Loss of financial support the decedent previously provided
- Loss of inheritance and other benefits
- Loss of services usually handled by the decedent
In some cases, the estate may have lost money because of the accident. For example, if the victim suffered their injuries in a traffic accident, the family may still need to cover the cost of repairing the damaged vehicle. We can determine the fair value of your economic damages following our investigation of your loved one’s accident.
Seeking Compensation for Your Family’s Suffering
Noneconomic damages represent how your loved one’s and family’s quality of life has been impacted. Though intangible in nature, these damages are equally important. Your family may be able to seek such losses as:
- Pain and suffering experienced by your loved one
- Emotional distress and mental anguish for the family’s loss
- Loss of companionship, guidance, and support
- Loss of consortium for the spouse
We can ensure that your noneconomic damages are included in your claim and will seek maximum compensation for your family’s loss.
Receiving Damages to Punish Negligent Behavior
Under certain circumstances, your family may be eligible to receive punitive damages. Punitive damages are awarded by the courts to punish the plaintiff for their actions and deter others from committing similar offenses. For example, if the at-fault driver was drinking and driving when they hit someone, the courts could award punitive damages because of the misconduct.
At Kaine Law, our wrongful death lawyers serving Marietta identify all potentially recoverable damages for our clients, gather support for their claims, and demand justice through fair and appropriate compensation.
For a free legal consultation with a wrongful death lawyer serving Marietta, call 404-214-2001
Kaine Law Represents Families Who Lost Loved Ones in Marietta
If your loved one died unexpectedly and you believe another person’s carelessness may be to blame, a lawyer from Kaine Law wants to hear from you. Attorney Evan Kaine and his legal team have multiple decades of experience handling similar cases.
We Manage a Wide Range of Wrongful Death Cases
We represent families after they lost a loved one in many types of incidents and accidents, including the following:
- Automobile accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Dog bites
- Premises liability
- Slip and falls
- Golf cart accidents
- ATV accidents
- Boating accidents
- Train accidents
- Product liability
- Workplace accidents
We have offices in Atlanta, Conyers, Lawrenceville, and Stockbridge, plus we can come to you in Marietta and meet with you where it is most convenient for you and your family. We are here to serve our clients.
We Have Successfully Recovered Compensation for Our Clients
When you call our law firm, we will listen patiently to you tell us what has happened. We believe in providing you with a stress-free experience, relieving you of the burden of compiling a claim for your family’s just compensation. After two decades of focusing on personal injury cases, we have a deep understanding of the law and the legal process to obtain the results you and your family need.
You can learn more about our verdicts and case results in similar cases. In fact, Attorney Kaine is a member of the Multi-Million Dollar Advocates Form, and we have even been rated by Super Lawyers in 2023.
We Work on a No-Fee Guarantee
As your family deals with the emotional repercussions of your loss, you are also no doubt dealing with the financial impact. We recognize the hardships families face following a personal injury and wrongful death, which is why we provide our legal services on contingency.
Under a contingency fee agreement, you pay nothing upfront. Instead, we receive a preapproved percentage of your settlement or court award. So, if we do not win for you, then you pay us nothing.
We can discuss our contingency fee payment plan and how our Marietta attorneys can help during your free consultation with our team.
Marietta Wrongful Death Lawyer Near Me 404-214-2001
How Georgia’s Wrongful Death Act Works
At Kaine Law, we understand how to use Georgia’s wrongful death act, O.C.G.A § 51-4, to pursue justice and money damages for our clients. We can help those who lost a member of their immediate family hold the negligent and liable parties accountable. Compensation may be available to help you cover lost income, pay final expenses, and more.
Who Can File a Wrongful Death Claim
Under this law, only qualifying immediate family members can take action in a Cobb County court. This is often the spouse and any minor children. However, adult children, the parents of the decedent, or siblings of the decedent may also qualify under certain circumstances.
Negligence in Wrongful Death Cases
To prove a death was wrongful, we must establish the four elements of negligence:
- Duty of care: The legal or professional obligation of the defendant to the plaintiff’s health and safety
- Breach of duty: The defendant’s action or inaction that deviated from the law or standard practice
- Causation: The resulting incident or accident that caused damage and injury
- Damages: The financial, emotional, and mental hardships the plaintiff now suffers
We must establish that the negligent party had a working relationship with your loved one to keep them safe (duty of care). We must then show how the defendant endangered your loved one (breach of duty). Next, and this is very important, we must link the defendant’s actions with the accident (causation). Finally, we must present the injuries and losses the plaintiff suffered and demand fair compensation (damages).
For example, in a car accident, all drivers have a legal duty to operate their vehicles safely. If the negligent party was drinking and got behind the wheel, they have breached their duty of care. Due to their intoxication, they misjudge time and distance and cause an accident. The victim and their family then suffer from that accident.
Collecting Evidence in a Wrongful Death Case
To prove negligence, though, we must have evidence. The evidence in your family’s wrongful death claim may include the following:
- Incident, first responder, and police reports
- Medical records and a death certificate
- Photographs and video of the accident scene
- Physical evidence and relevant documents
- Pay stubs and financial records
- Statements from witnesses
- Expert testimony, such as accident reconstruction specialists
Our wrongful death attorneys will handle gathering evidence for your family’s case, but we do more than that.
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Our Attorneys in Marietta Will Take Care of Your Family’s Case
As we stated, we want to take on the burden of building your family’s wrongful death case, allowing you and your family to grieve your loss in peace. We will:
- Investigating the accident: We will visit the accident scene and collect evidence. We have the resources, investigators, and experts to identify who was at fault, how the accident occurred, and the damages your family suffered.
- Determining your family’s damages: From the evidence we gather, we can compile a fair settlement value of your family’s economic and noneconomic losses.
- Speaking on your behalf: Any emails, letters, or phone calls can be directed to our office. We will handle all correspondence, leaving your family free to mourn in peace.
- Dealing with the insurance company: We will file your claim with the liable party’s insurer. If there are multiple parties, we will file a claim with each. We will handle negotiations and seek a settlement that you feel is appropriate. Plus, you will have the final say about when to accept an agreement.
- Representing you in court: In some cases, we may need to sue the liable party or parties. This does not mean the case will go to trial, but it could. Our legal team can discuss this with you in detail and ensure you know what to expect if we believe this is the best option for you and your family.
Throughout the claims process, we will keep you updated on its progress. You can speak with us about your concerns, and we can answer any questions you may have. We will be with you, providing legal guidance and support as you need it.
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Timeline for Moving Forward With a Mariette Wrongful Death Case
There is a two-year time limit on filing a wrongful death lawsuit in most negligence cases in Georgia. This countdown began the day your loved one died. While there are exceptions, this rule is generally set by O.C.G.A. § 9-3-33 and known as the “statute of limitations.”
We need to ensure we complete any insurance negotiations or file the initial petition to begin a lawsuit with the Cobb County courts before the two-year deadline arrives. Failing to do so—even by a day—has made many people lose the opportunity to recover compensation based on their loved one’s death.
Not only could you lose the right to recover damages if you do not get started soon enough, but you could also weaken your case against the at-fault parties. The strongest evidence is available immediately after an accident, and some could be lost, misplaced, erased, or forgotten before it is collected or documented if you wait too long. For example, it may be impossible to contact a key witness.
FAQs About Wrongful Death Cases in Marietta
Below are some common questions our clients have asked. If you would like further assistance, our legal team is available to answer your questions during a free case consultation.
How Much Is Our Case Worth?
The value of your loved one’s wrongful death case will be based on the damages they and your family have. Every case is different and should be thoroughly investigated to determine its value.
How Long Will It Take to Settle Our Case?
Depending on the strength of the evidence, questions regarding liability, and the complexity of the case, your family’s wrongful death claim could be settled between a few months to several years. Our lawyers can review your case and explain more.
Will We Have to Go to Trial?
Thankfully, most cases settle out of court. However, you should be prepared to take your wrongful death case to trial. Even during court proceedings, your attorney will work to settle the case for the best possible resolution for you and your family.
Speak to a Kaine Law Representative About Your Options for Free Today
You can discuss your family’s legal options for pursuing wrongful death damages in a conversation with a Kaine Law team member today. We provide free case consultations and legal assessments for families who have lost loved ones. We may be able to identify how someone else’s negligence cost the life of your family member and help you hold them legally responsible.
Contact us today to get started with your free case review.
Call or text 404-214-2001 or complete a Free Case Evaluation form
