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Which Family Members Can Recover Compensation in a Wrongful Death Case?

A wrongful death is a death caused by another person’s negligence, deliberate wrongful action or crime. When a loved one dies from wrongful death, surviving family members have the right under Georgia law to sue the responsible party or parties for damages. An attorney can investigate the case and determine liable parties and who has the legal right to sue.

Georgia Code Title 51 ― Torts Chapter 4 ― Wrongful Death provides the legal rules that decide who can bring the cause of action in wrongful death lawsuits. It largely depends on whether the person who died leaves a spouse, children or parents and priority begins with the spouse having the sole right to file the case on behalf of the surviving family. A surviving spouse who recovers damages must share two-thirds of the compensation with surviving children. In the event that there is no spouse, then any surviving children have the right to bring legal action and must share the recovery jointly. No roadblocks exist to prevent a child born out of wedlock from bringing the lawsuit. When there are no surviving spouses or children, then the right passes to the parents to pursue legal action. If there are no surviving spouse, children or parents, then the personal representative, such as an executor or administrator of the estate can sue and place money recovered in a trust for the next of kin.

A wrongful death lawyer can help you recover compensation to deal with the financial hardship associated with losing your loved one.

By handling your case, Kaine Law hopes to reduce your stress during a painful and tragic time.

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  • "I was involved in an auto-accident with a drunk driver and after several weeks of frustrating interactions with their insurance company, I decided to contact Evan Kaine. He was upfront and honest about how the process works and never made any promises or raised my expectations. Evan understood that my first priority was to take care of the medical expenses that I incurred and he completely delivered. Communication is essential and I spoke directly with him and was never pawned off to another person. Bottom line - Evan Kaine gives lawyers a good name." - M.T. Atlanta, GA

  • "Evan Kaine is a great attorney who kept me informed on all activity regarding my case. Always willing to go the extra mile to put me at ease. Very knowledgeable and thorough, always examining my case from every angle. I have recommended him to several friends and will continue to do so. Overall great legal service." - B.S. Roswell, GA

  • "My boyfriend Michael was hit by a drunk driver while he was driving my car. Even though I wasn't involved in the accident, Evan made every effort to make the process of getting my new car painless for me. He worked with my insurance company, kept in touch with me personally, and made me aware that he was working on my case around the clock. He also helped Michael get his medical bills paid ASAP. I would highly recommend Evan Kaine! " - B.D. Atlanta, GA

  • "I was in a minor car accident and wasn’t sure that I even had a case. I met with Evan and he explained the law in terms I could understand. I immediately hired him and Evan turned my questionable case into more than $50,000.00! Evan is upfront, honest and expects the same from his clients – and he doesn’t take half of your money! I highly recommend Attorney Evan Kaine." - G.S., Smyrna, Georgia

  • "To everyone LIKE ME who has had to deal with attorneys AND has that bad taste in their mouth because they have been taken advantage of because their lawyers are more interested in making money and not caring about YOU, well please allow me to introduce you to Evan Kaine. I was in a very tight position and Evan could not have been more professional, courteous or kind and, again, HONEST! Once more, as a person who has been through the trials and tribulations with lawyers, good, bad or indifferent, if you have an issue, PLEASE contact Evan and I mean this from the heart! " - R.K., Suwanee, Georgia and Palm Beach, Florida

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