If you believe another party caused your loved one’s unexpected passing, you may be able to get justice for your family through a wrongful death claim. Georgia law allows families to hold negligent parties legally responsible for the expenses, losses, and intangible damages they suffered because their loved one passed away in a preventable accident or incident.
A Marietta personal injury lawyer from Kaine Law may be able to help you develop your case and file your claim. Our team provides free legal case assessments for families whose lost loved ones in the metro Atlanta area, including all parts of Cobb County.
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 by proving the other party acted negligently and is, therefore, legally responsible for these costs. In a wrongful death claim, the victim cannot act on their own behalf, so their family can pursue damages in their stead.
The recoverable damages in a Marietta wrongful death case could include:
- The family’s intangible losses, including loss of companionship and parental support
- Loss of income the deceased previously provided
- Loss of inheritance and other benefits
- Loss of services usually handled by the decedent
- Funeral and burial expenses
- Related economic and non-economic damages
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. Alternatively, there could be outstanding medical bills if the injured party lived for several days after the accident.
At Kaine Law, we 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 Marietta personal injury lawyer from Kaine Law wants to hear from you. Attorney Evan Kaine and his team have multiple decades of experience handling similar cases. We represent families after they lost a loved one in many types of incidents and accidents, including:
- Automobile accidents
- Motorcycle accidents
- Dog bites
- Premises liability
- Golf cart accidents
- ATV accidents
- Boating accidents
- Train accidents
- Product liability
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.
You can learn more about our verdicts and case results in similar cases, and we can discuss our contingency fee payment plan—with no upfront costs at all—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.
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, parents if there is no spouse or children, or siblings in lieu of other family members, may also qualify under certain circumstances.
To prove a death was wrongful, we must establish the four elements of negligence:
- Duty of care
- Breach of duty
We must show that the party we are accusing owed your loved one a certain duty of care to keep them safe and that they breached that duty. Then, we need to have evidence to show this caused the incident, their injuries, and their death. Finally, we will need to have documentation to support the damages we demand from the at-fault party and their insurer.
Our attorneys handle gathering evidence, building the case, preparing documents, and filing the claim with the insurer that is representing the at-fault party. We will demand a payout within the value range we put on the case and negotiate to seek a settlement that you feel is appropriate. You will have the final say about when to accept an agreement.
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.
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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 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.
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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 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.