You may be eligible for financial compensation if someone you love has passed away after a negligence accident. No amount of money can fix the immense pain you are feeling. However, your family should not have to be burdened with the emotional and financial implications of someone else’s negligence. If you win your wrongful death case, you may be compensated.
For many victims, it can be difficult to deal with the grieving process while also pursuing wrongful death legal action. If you retain a lawyer at Kaine Law serving Stockbridge, they can handle the legal side of things. You can focus on spending time with your loved ones and finding a new normal after such a life-changing tragedy.
Seeking Justice with Our Wrongful Death Lawyers
Our lawyers can provide you with many legal services during your fight for justice after a wrongful death case. In addition to helping you appraise the true value of your pain and suffering, one of our more important services is evidence-gathering.
In the eyes of the civil courts, providing liability is key. As such, our attorneys will work to gather evidence from a variety of sources to determine fault. Some of the more common sources of evidence include:
- Records from the deceased party’s workplace
- Video surveillance
- Circumstantial evidence
- Cell phone data
- Police reports
- Eyewitness testimony
- Photos and videos from the accident scene
- Information from accident recreation specialists and other expert witnesses
Our law firm is here to handle all your legal needs during this difficult time in your life.
Seeking Compensation After a Wrongful Death Accident
Wrongful death cases differ from other personal injury cases because the injured party is no longer around to tell their own story. As such, the main objective is for the family to seek compensation for accident-related losses.
Assigning monetary value to human life can be a difficult process. This is due in part to the fact that there is no real expiration date on the suffering family endures. Therefore, it is important to properly estimate the long-term implications the death will have on your family – emotionally and financially.
How We Will Determine the Value of the Case
This is where a wrongful death lawyer on our team can help. They can use many methods to estimate the financial toll this accident will have on your life. Most importantly, your attorney can call upon expert witnesses to help valuate your emotional suffering.
For a clearer perspective on what kinds of damages you can seek in wrongful death claims, here are some hardships victims could seek to address:
- Loss of household income
- Funeral expenses
- Loss of parental guidance
- Loss of companionship
- Physical pain the victim endured before they passed away from their injuries or condition
- General psychological suffering
- Property damage
- Diminished quality of life for the surviving family members
Our lawyer will explore all options for your wrongful death financial award. We want justice for your Stockbridge family.
Understanding How Wrongful Death Cases Work
When you file a wrongful death lawsuit, you say that someone else’s actions caused the death of your loved one – either directly or indirectly. These cases are dealt with in civil court, not criminal court.
Thankfully, if the at-fault person’s actions result in criminal charges, that will not affect your civil case. You can even bring a civil case against an individual if they are already incarcerated.
You may get a better understanding of the nature of a wrongful death case by speaking to your wrongful death attorney. After learning more about your accident, your attorney can educate you about legal options moving forward.
Who Can File a Wrongful Death Case in Stockbridge?
As described under O.C.G.A. § 51-4-2, wrongful death cases are almost exclusively reserved for immediate family members of the deceased party. More specifically, the surviving spouse will be the first party eligible to file a wrongful death claim. Further, the widower will be entitled to at least 1/3rd of the financial settlement.
If the deceased party leaves behind children (including those born out of wedlock), the surviving spouse will seek benefits on their behalf. The benefits of these cases are reserved for people who were dependent on the decedent. As such, children over the age of 18 will need to provide evidence of their dependence.
If the deceased party leaves behind no spouse or children, other relatives could file wrongful death suits, including siblings, parents, and other close relatives. Ultimately, Georgia’s wrongful death laws are subject to affect your case in different ways depending on the exact situation you find yourself in. A wrongful death attorney with our firm can help you make sense of all this during this stressful and emotional time in your life.
You Have a Limited Amount of Time to Act After a Wrongful Death Accident
O.C.G.A. § 9-3-33 only gives you two years to file a wrongful death lawsuit in Stockbridge. This time limit begins on the date the person passes away from their injuries. A wrongful death lawsuit against Georgia (or any local government municipality) could change the timeline, though.
Keeping track of all the different laws, guidelines, and deadlines that affect wrongful death cases can seem overwhelming for some families. This is especially so while you grieve the loss of someone you love. Your wrongful death attorney can be there to make sure your case moves through the appropriate channels and fight for you.
Kaine Law Can Help You Seek Justice After a Senseless Wrongful Death Accident
When you retain your lawyer at Kaine Law, we can make your life a little easier. After all, you have been through enough as it is. One of the ways we do this is by working for contingency fees. This means you do not owe us any money before we start working on your Stockbridge case.
At a time like this, the last thing we want you to worry about is how you could afford attorney fees. So, we will work out a fair percentage to subtract from your settlement if we win your case. To learn more about filing a wrongful death case with Kaine Law, contact us today at (404) 214-2001, and get started with your free consultation.