Losing a loved one is never easy. Losing a loved one and then facing financial hardship only complicates matters. At Kaine Law, we believe that if another party’s actions caused your loved one’s passing, you deserve compensation.
We understand that reimbursement for your loved one’s healthcare costs, pain and suffering, and lost income will not undo what happened. Yet, it could give you the peace of mind to focus on your family and honor your loved one’s memory. Our Norcross wrongful death lawyers are ready to take action today.
What Is a Wrongful Death?
In the aftermath of a family member’s passing, you may wonder where to turn. One question you may have is whether you can hold the party that caused your loved one’s fatal accident financially accountable.
According to O.C.G.A. § 51-4-1, you can pursue the “full value of the life of the decedent” if their death resulted from “a crime, from criminal or other negligence, or from property which has been defectively manufactured.”
It may be helpful to think of a wrongful death case as a personal injury action your loved one could have pursued had they lived. Our attorneys assist with wrongful death cases resulting from:
- Car, truck, and bus accidents
- Motorcycle accidents
- Dog bites
- Slips and falls
- Premises liability incidents
- Golf cart and ATV accidents
- Boating accidents
- Train accidents
- Dangerous and defective products
- Workplace accidents
For a free legal consultation with a wrongful death lawyer serving Norcross, call 404-214-2001
Our Law Firm Will Prove Liability for Your Loved One’s Fatal Injury
As mentioned, you can pursue wrongful death awards if your loved one’s fatal injury occurred because of another party’s negligence or wrongdoing. However, you will need to build a solid case to achieve compensation.
To support your claim or lawsuit, our lawyers will establish these required elements:
- Duty of care – We will show that the at-fault party had a legal duty to act in a way that protected the safety of others. For example, all drivers must obey traffic laws and avoid behaviors that could result in collisions.
- Breach of duty – Our attorneys will prove that the at-fault party acted in a way that breached their duty of care. Continuing with the car accident example, a driver’s breach of duty includes actions such as speeding, drinking and driving, and running a red light.
- Causation – We will prove that the other party’s breach of duty led to your family member’s accident and injuries.
- Damages – Our lawyers will show that your loved one’s accident and injuries led to economic and non-economic losses.
We Can Investigate Your Family Member’s Accident and Determine Fault
We will look into your loved one’s accident and injuries to figure out who is liable. Depending on the type of accident your family member suffered, the at-fault party could be:
- A negligent driver
- A truck driver or trucking company
- A residential or commercial property owner
- A railroad company
- A defective product or parts manufacturer
- A negligent employer
- A job-site owner or workplace supplier
We Can Collect Evidence Supporting Your Case
The evidence necessary to prove your wrongful death case will vary depending on the type of accident and injury your loved one sustained. To build a solid case and assert your right to damages, we will gather:
- Medical records
- Photographs and videos of the accident/accident scene
- Eyewitness statements
- Police reports
- Driving and employment records
- Pay stubs, medical bills, and other documents demonstrating financial losses
Our team works with various experts who can testify on your loved one’s behalf if necessary. Our contacts include medical professionals who can discuss your family member’s injuries, economists who can review potential damages, and accident reconstructionists who can determine the cause of your loved one’s fatal accident.
Norcross Wrongful Death Lawyer Near Me 404-214-2001
Who Qualifies for Wrongful Death Damages in Georgia?
Georgia law is very specific regarding who can pursue 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 recover awards. No other family member, such as a sibling, can file a wrongful death lawsuit.
If there are no eligible survivors, a personal representative (executor) can seek damages on behalf of the deceased’s estate. Awards recovered by the estate pass to the deceased’s next of kin.
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What Awards Are Available in a Wrongful Death Case?
Wrongful death compensation includes financial losses caused by your loved one’s fatal accident, including their medical care, lost income, and end-of-life expenses. Our lawyers can pursue the cost of:
- Emergency medical transportation and treatment
- Hospital bills
- Medical procedures
- Diagnostic testing (such as x-rays, MRIs, and CT scans)
- Medications and medical equipment
- Hospice services
- Palliative care
- The income the deceased would have earned had they lived
- Funeral and burial expenses
- Other necessary expenses resulting from your loved one’s passing
Additionally, our attorneys can pursue pain and suffering compensation on behalf of the deceased, as well as awards for the surviving family members’ loss of their loved one’s care, companionship, and support.
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Let Our Team Focus on Your Case So You Can Focus on Your Family
At Kaine Law, we understand that you and your family are facing a difficult time. The last things you want to deal with are insurance claims and lawsuits. But, while money cannot bring your loved one back, seeking awards is important to your family, as is holding the wrongful party accountable.
Let our team step in and shoulder your legal burdens so you can turn your time and attention to your family. Our Norcross wrongful death lawyers will:
- File your claim or lawsuit
- Communicate with involved parties on your behalf
- Gather evidence and build your case
- Submit your paperwork and track your case’s deadlines
- Represent you during negotiations
- Take your case to trial if needed
Make sure to get started on your case before time runs out. In Georgia, you generally have two years to file a wrongful death lawsuit, according to O.C.G.A. § 9-3-33. However, circumstances exist that could shorten or lengthen this window. Our attorneys can tell you more.