Losing a loved one can be one of the most difficult experiences in our lives. It can be especially hard when their loss resulted from someone else’s negligence or wrongdoing.
If your family member suffered a fatal injury during an accident, our McDonough personal injury lawyers can help you seek compensation from the responsible party. While money cannot bring back your family member, it can give you a sense of justice and assist with any financial hardships created by your loved one’s death.
Thousands of Fatal Accidents Occur Each Year in Georgia
According to the Georgia Department of Public Health, unintentional injuries are the leading cause of death for Georgia residents aged 1 to 44 and the third-leading cause of death across all age groups. Annually, around 4,300 Georgians sustain a fatal accidental injury. Some of the leading causes of fatal accidents include motor vehicle collisions, falls, and drownings.
When accidents happen because of another party’s recklessness or error, the accident victim can seek compensation with a personal injury claim or lawsuit. However, if the injury results in death, the victim’s family can pursue damages on their behalf with a wrongful death case. Our McDonough attorneys can assist with wrongful death actions involving:
- Car, truck, and bus accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Dog bites
- Slip and fall accidents and premises liability
- Golf cart accidents
- ATV accidents
- Boating accidents
- Train accidents
- Product liability
- Workplace injuries and workers’ compensation
For a free legal consultation with a wrongful death lawyer serving McDonough, call 404-214-2001
We Can Pursue Wrongful Death Damages
Our wrongful death attorneys can calculate damages caused by your loved one’s accident and injury. This may include tangible and intangible losses, such as:
- Medical expenses: We can recover medical costs associated with your loved one’s fatal injury, including reimbursement for hospital fees, medical procedures, emergency transportation and treatment, and end-of-life care.
- Funeral expenses: This includes your loved one’s service, casket, cremation or burial, plot and headstone, and other costs related to laying them to rest.
- Lost wages: We can pursue the value of your loved one’s lost income, benefits, and earnings, as well as compensation for the loss of income your family member would have earned, had they lived.
- Pain and suffering: We can seek awards for your loved one’s conscious pain and suffering. Surviving family members may also pursue compensation for their pain and suffering, including losing the deceased’s care, companionship, guidance, and consortium.
You may have other miscellaneous expenses resulting from your loved one’s injury, illness, or death. Our attorneys will strive to identify and pursue every dollar owed to your family and your loved one’s estate.
Who Can Seek Wrongful Death Compensation?
According to O.C.G.A. § 51-4-2, only the deceased’s surviving spouse, children, or parents (in that order) can file a wrongful death lawsuit in Georgia. If there are no qualifying family members, a personal representative of the deceased can seek compensation on behalf of the deceased’s estate, according to O.C.G.A. 51-4-5. Awards recouped by the estate pass to the deceased’s next of kin.
How Long do You Have to Pursue Awards?
Under O.C.G.A. § 9-3-33, in general, you have two years from your loved one’s death to file a wrongful death action in Georgia’s courts. If you do not file within this time limit, the court will likely refuse your case. Even if your case does not go to court, insurance agents know the law, and an expired statute of limitations could hurt your chances of securing a fair settlement.
McDonough Wrongful Death Lawyer Near Me 404-214-2001
Wrongful Death Liability
Another party is liable for your loved one’s death if their negligent or wrongful actions caused their fatal accident, injury, or illness. Exactly who is financially responsible depends on the type of accident your loved one suffered and its unique circumstances.
For example, if your loved one sustained injuries during a car accident, the liable party could be another driver, the driver’s employer, or even the manufacturer of the involved vehicles. In the case of a slip and fall, liability usually rests with the business or property owner responsible for the negligent conditions where the accident occurred.
Our McDonough wrongful death lawyers will investigate your case and prove negligence. We will show:
- The party who caused your loved one’s accident owed them a duty of care
- The liable party breached their duty of care
- The liable party’s breach of duty led to your loved one’s accident and injuries
- Your loved one’s accident and injuries resulted in monetary losses and pain and suffering
Collecting Case Evidence
To build your case, our team will collect evidence about your loved one’s accident, injuries, and losses. This may include:
- Medical records
- Police reports
- Eyewitness statements
- Photographs, cellphone footage, and surveillance videos
- Information about the scene of your loved one’s accident
- Testimony from medical professionals, psychologists, economists, accident reconstruction specialists, and other experts with opinions relevant to your case
- Medical bills, wage records, vehicle repair bills, and other proof of accident-related expenses
Click to contact our Wrongful Death lawyers today
Kaine Law Works in Contingency
Our firm’s goal is to make achieving compensation as stress-free as possible for you and your family. Our attorneys will file your insurance claim or lawsuit and stand by your side throughout your wrongful death case. We will handle paperwork, deadlines, communications with the insurance company, and negotiations.
We do not want financial concerns to stand in the way of seeking justice for your family member. We take cases on contingency, meaning you pay us nothing until we win your case. If we do not achieve a successful settlement or verdict, we do not collect a fee. We can even help with legal costs, including filing, courtroom, and consulting fees.
Contact Our Team for a Free Consultation
For decades, Kaine Law has served Georgia accident victims and their families. We have secured millions of dollars for previous clients, and we want to help you, too. To learn more about working with our McDonough wrongful death lawyers, contact Kaine Law today. A member of our staff is available 24/7 to take your call and get you started on the road to financial recovery.