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?
To show that your loved one’s death justifies filing a wrongful death insurance claim or lawsuit, your wrongful death lawyer must prove the following elements of negligence:
- Duty of care: The legal duty to act responsibly
- Breach of duty: Failure to act appropriately
- Causation: Link between action and accident
- Damages: The financial impact of the accident
If you are uncertain about the validity of your case, you can get a free consultation at our law firm in your area. Our wrongful death lawyers can conduct an independent investigation. 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 can 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?
That depends on where you live. For instance, in Georgia, you generally have two years to file your lawsuit, according to O.C.G.A. § 9-3-33. You could also have as little as six months to file a claim against a government or municipal agency, per O.C.G.A. § 36-33-5. 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 many 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.
Click to contact our personal injury lawyers today
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
You have the final say on whether to accept or reject a settlement. 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.
Complete a Free Case Evaluation form now
What Kind of Damages Can Surviving Families Recover?
The unexpected loss of a loved one can create financial hardship for the surviving family members. While the value of every case will vary, in general, recoverable wrongful death damages include:
- Final arrangements: 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.
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 bills
- Lost wages of the deceased
- Property damage
- Property loss
- Pain and suffering
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, certain state laws, such as Georgia’s O.C.G.A. § 51-4-2, only permit the following people to request 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
Additional relatives who were financially dependent on the decedent could have a legitimate claim. 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 different 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:
- Automobile 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?
Wrongful death lawyers receive compensation as a percentage of your recovered damages. We also do not charge the surviving family anything upfront.
If your case is not resolved with a settlement or verdict in your favor, you will not owe any legal or attorney’s fees at all.
Get a Free Review of Your Wrongful Death Claim
A wrongful death suit can help your family recover compensation for the loss of a loved one due to negligence. 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.
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. Call for a free case review today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
