Wrongful death cases arise out of the death of a person due to the negligent, reckless, or intentional actions of another. Surviving family members of a person who dies wrongfully can file a wrongful death claim to seek compensation for resulting losses. Atlanta wrongful death attorneys can guide a family through this process, ensuring their rights and interests are protected. Surviving family members should file a claim within 2 years of their loved one’s death. If they fail to do so, they can lose their right to compensation.
Why Pursue a Wrongful Death Lawsuit
While bringing a lawsuit cannot bring the deceased back, a successful lawsuit can ensure the surviving family members get the monetary compensation they need to move on with their lives. If the deceased is the household’s breadwinner, ensuring the family’s financial stability is important. Also, a wrongful death lawsuit can lead to meaningful change, preventing the same dangerous wrongdoings from harming others.
Damages Families Can Recover
In wrongful death cases, the survivors of the decedent may be eligible for funeral expenses and medical bills. Also, punitive damages may be available if the at-fault party violated the law when they acted wrongfully. The punishment is expected to get serious for some egregious behavior. In addition, a family can also recover damages like pain and suffering, loss of consortium, as well as loss of expected earnings and employment benefits.
What a Wrongful Death Attorney Can Do
A wrongful death attorney is vital to the success of a wrongful death claim. Claimants are usually not sure about what to do while they still feel the pain of their loss. An attorney can explain the laws that apply to wrongful deaths in Atlanta and the eligibility of surviving family members, collect evidence to prove liability and the damages sustained by the family, calculate their damages, file a claim, handle talks and negotiations with an insurance company or the at-fault party, and represent the claimants in court.
Under state law, there are a few individuals who can bring a wrongful death case. These include the decedent’s spouse, children, parents, and estate administrator. If no Will is in place and the spouse gets compensation, the reward must be shared with the children. If minor children are involved, the award is put under the name of the parent or legal guardian until they turn 18. Due to the complexities involved in a wrongful death case, it is in the best interest of claimants to work with an experienced attorney.
