A wrongful death suit is one that lets the family of a deceased person seek financial recovery from the at-fault person or entity. You could have the basis of a wrongful death action if the at-fault party’s actions were negligent, reckless, criminal, or otherwise wrongful. Our Atlanta wrongful death lawyers can help you with your case.
How Do You Know if Your Loved One’s Death Was Wrongful?
In a wrongful death case, your family must prove that the at-fault party was negligent. That means you and your wrongful death lawyer must prove the following four elements of negligence exist:
- Duty of care: The at-fault party’s legal obligation to act responsibly
- Breach of duty: Their failure to act appropriately
- Causation: The link between their breach and your loved one’s death
- Damages: The financial and emotional impact on your family
If you are uncertain about the validity of your case, we provide free consultations to families facing a wrongful death case. When you hire us, our wrongful death lawyers can conduct an independent investigation of the accident. We can also collect the physical evidence and documents you need to build a compelling case file.
For a free legal consultation, call 404-214-2001
What Kind of Evidence Do You Need to Prove Wrongful Death?
Your evidence collection will tell the story of the accident and your loved one’s demise from an objective point of view. Evidence can vary by case but will typically include:
- Police report
- Animal control reports
- Witness statements
- Expert testimonials
- Medical records
- Medical bills
- Written prognosis
- Proof of income
- Photos and videos
Our law firm can also collect evidence that might be emotionally triggering, like the decedent’s death certificate and forensic and autopsy reports. We can also organize your evidence and submit it to the insurance company, along with a letter of demand that outlines your case and compensation request.
How Much Time Do Your Attorneys Have to File a Wrongful Death Suit?
In Georgia, you generally have two years to file your wrongful death lawsuit, according to O.C.G.A. § 9-3-33. You could also have as little as six months to file a notice against a government or municipal agency, depending on the applicable statute. If you do not file your lawsuit on time:
- The court may not permit you to file it at all
- It may be dismissed without being heard
- The insurance company may not negotiate
Any of these outcomes could mean you will not have any further legal avenue that compels the at-fault party to compensate you. Our wrongful death legal team can help you understand and accurately interpret the statute of limitations for your case.
Do Wrongful Death Lawsuits Always Go to Court?
No. In fact, they rarely do. The vast majority are settled out of court based on negotiation. Our attorneys can work hard to resolve your case with a settlement by:
- Fielding each monetary offer you receive
- Weighing the pros and cons of each offer
- Making counteroffers where necessary
The amount of available insurance coverage also shapes what a settlement can realistically reach. You should share any insurance policies, claim forms, or letters from insurers with us as soon as you receive them. We also look for every policy that may apply, including coverage held by businesses or other parties involved.
You will have the final say on whether to accept or reject any settlement offer. Our law firm will not usurp your right to make this decision. Instead, we can guide you toward the best, most well-informed choice for you and your family.
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What Kind of Damages Can Surviving Families Recover?
The unexpected loss of a loved one can create financial hardship for the surviving family members. Georgia measures wrongful death damages by the full value of your loved one’s life. That value has two types:
- The economic damages reflect what they would have earned over their lifetime, without subtracting their personal living expenses.
- The non-economic damages reflect the value of the life itself, including their relationships and the experiences they will miss.
While the value of every case will vary, in general, recoverable wrongful death damages include:
- Funeral expenses: Funeral, burial, coffin, cremation, vault, etc.
- Loss of financial support: Wages, benefits, inheritance, etc.
- Loss of contributions: Domestic services, childcare, etc.
- Loss of care: Consortium, companionship, guidance, etc.
If a case goes to trial, a jury determines this value.
Other Wrongful Death Damages Our Lawyers Can Seek for You
The above is not the extent of the compensation you can recover for your loss. Your family could also be entitled to other damages, which can include:
- Medical expenses
- Lost wages of the deceased
- Property damage
- Property loss
- Pain and suffering
- Emotional distress
These are damages your loved one would have been entitled to recover had they filed a personal injury action. Your wrongful death attorney can pursue fair compensation on your family’s behalf.
Which Family Members Can Receive Wrongful Death Damages?
An untimely demise will affect the deceased person’s entire circle of family, friends, and loved ones. However, Georgia law, O.C.G.A. § 51-4-2, only permits the following people to seek wrongful death compensation:
- The decedent’s spouse
- The decedent’s children, if there is no surviving spouse
- The decedent’s parents, if the deceased left neither spouse nor children
When a spouse survives, they file the claim on behalf of themselves and the decedent’s children, including adult children. Georgia law requires the spouse to share any recovery with the children. This keeps every family member’s interests represented in a single claim.
If none of these family members survive, the personal representative of the decedent’s estate may file the legal claim on behalf of the next of kin. The best way to understand your financial recovery options is to review your case with the legal team at our law firm.
What Kind of Law Firm Handles Wrongful Death Cases?
Negligence on the part of another person or entity can lead to many kinds of accidents. You will want to find a law firm that handles the type of accident your loved one was involved in. Our legal team includes:
- Car accident lawyers
- Motorcycle accident lawyers
- Dog bite lawyers
- Premises liability lawyers
- Golf cart accident lawyers
- ATV accident lawyers
- Boating accident lawyers
- Train accident lawyers
- Product liability lawyers
- Workers’ compensation lawyers
If your family lost a loved one in one of these ways, our wrongful death attorneys can help you file the appropriate legal action.
How Much Does a Wrongful Death Lawyer Charge?
Under a contingency fee agreement, wrongful death lawyers receive compensation as a percentage of your recovered damages. We also do not charge the surviving family anything up front.
If your case is not resolved with a settlement or verdict in your favor, you will not owe any attorney’s fees at all.
Get a Free Review of Your Wrongful Death Claim
You do not have to navigate the wrongful death claims process alone. Our law firm can investigate the accident and handle your family’s claim with kindness and compassion. Our team brings decades of experience to every case, and our case results reflect our commitment to families like yours.
Kaine Law can provide easy, stress-free claim and lawsuit support. While our lawyers work on your case, you can focus on taking care of yourself and your family. We also have staff members who speak Español and can guide your family through each step.
Call for a free case review today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
