Proving Wrongful Death in Atlanta: Securing the Compensation Your Family Deserves
A loved one’s death is a tragic life event. However, if this loss has resulted from another party’s negligence, the tragedy can be more difficult to bear. In this case, a wrongful death lawsuit can prevent you from suffering financial losses along with emotional ones. Consult with a Wrongful Death Lawyer in Atlanta to know your legal rights and options.
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How Wrongful Death Claims Work
A death can be considered wrongful if it happens because of another person’s action or inaction. If somebody is responsible for your loved one’s death through negligence, recklessness, or intent, you have the option to file a wrongful death lawsuit against the at-fault party. The death of your loved one should have been untimely or unnatural and a spouse. Also, only a spouse, a child, or a parent can benefit from such kinds of lawsuits. Wrongful death claims can’t lead to prison sentence, unlike criminal cases for death. They just award monetary damages to the family of the victim as a penalty for the at-fault party’s actions.
Typically, wrong death claims are used if a criminal can’t be filed against the alleged perpetrator or if the suit can’t convict. A civil wrongful death lawsuit can be filed against a person who has been convicted of criminal charges.
Kinds of Damages You Can Recover in a Wrongful Death Lawsuit
Economic, non-economic, and punitive damages can be claimed in a wrongful death lawsuit. Such damages are for the victim and their surviving family members. A qualified member of your family can file this lawsuit to seek damages for the value of your deceased loved one’s life, hoping to recoup their injury-related expenses while they were alive and their burial expenses.
Proving Wrongful Death
The parties that can file a wrongful death lawsuit include the spouse, child, and parents of the deceased victim. If none of such parties apply, an estate administrator can file the lawsuit. The party that can file has 2 years from the death to start a claim. Although exceptions apply, they are not common. To make sure that you file a legal claim, speak with an experienced wrongful death attorney. Proving wrongful death can be hard because it requires an extensive investigation and a solid legal case. The elements below need to be present:
- Duty of care. The party responsible for your loved one’s death must have a duty of care to prevent harm to your deceased loved one.
- Breach of duty. It should be established that the defendant breached their duty of reasonable care by acting intentionally or negligently and causing harm.
- Causation. You must show that the actions of the defendant directly caused the death of your loved one.
- Damages. You need to demonstrate that your family sustained monetary or emotional damages due to the death of your loved one.
Why Hire an Attorney
As you grieve over the death of your loved one, it can be hard to navigate the legal system and provide wrongful death. A wrongful death attorney can help you make the most out of a lawsuit and make the process so much easier for your family. Here’s what they can do for your family:
- Investigate the case. An attorney will carry out a thorough case investigation to collect evidence and establish a solid case.
- Determine liability. An attorney will determine the party responsible for your loved one’s death and the number of parties involved.
- Fiel a wrongful death claim. An attorney will take care of the legal paperwork and file your claim.
- Negotiate with insurers. An attorney will negotiate with insurers to make sure your family gets reasonable compensation for the damages you have suffered.
- Give your court representation. An attorney will be your legal representative if your case ends up in court.
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