How Can a Decatur Wrongful Death Lawyer Help You?

Coming to terms with a family member’s death or friend is painful and challenging. That, followed by a lengthy legal process for a wrongful death suit, will drain your energy. Additionally, it will deny you the chance to mourn properly after the loved one’s death.

Losing such a case is devastating, especially if they lost wages and left behind medical bills. 

Working with an experienced Decatur wrongful death attorney will give you a fighting chance. A wrongful death lawsuit may take time, so you need a passionate lawyer to hold your hand.

No amount of compensation will undo the untimely death of your loved one. However, it will ensure that the surviving spouse or children will be well taken care of and help to compensate for the emotional distress brought on by the wrongful death of a loved one.

Are you facing medical, funeral, and burial costs that your insurance company cannot cover? Personal injury attorneys can help you by ensuring that you or your loved ones do not suffer due to the negligent actions of the responsible parties.

Four elements must be present for the responsible party to be held accountable for your loved one’s death:

1. Negligent Party

Your attorney must prove that there was negligence from the party you are suing. Additionally, that negligence must have led to wrongful death damages to you and your loved one. A good example is the negligence of motor vehicle drivers leading to an accident or medical staff leading to the death of a loved one.

2. Duty of Care

Your attorney should prove in court that the defendants owed a duty of care to the deceased party beyond a reasonable doubt. A medical professional owes the patient a duty of care, and drivers are supposed to obey traffic rules to prevent motor vehicle accidents.

3. Breach of Duty

If the defendant breached their duty of care and the friend or family member died, you have grounds to sue them.

4. Causation

Yes, the defendant broke the law by breaching their duty of care, but did their actions lead to damages and death? Once your attorney proves this to be the case, the defendants owe the deceased’s estate compensation.

Under Georgia law, the personal representative of the deceased’s estate can file a wrongful death claim. The term “personal representative” includes the administrator, executor, or anyone else who has the legal authority to settle the estate.

In some cases, the court may appoint a personal representative if there is no will or the appointed person is unable or unwilling to act.

If there is no personal representative, any surviving spouse, child, parent, or sibling of the deceased can file a wrongful death claim.

An experienced Decatur, GA, wrongful death lawyer will help you understand the specific laws in your state and how they may impact your claim. If you have lost a loved one and think someone else is at fault, don’t hesitate to reach out to an attorney for a free legal consultation.

What Is the Statute of Limitations for a Wrongful Death Case?

Wrongful death attorneys are knowledgeable about Georgia time limits for car accident claims. Therefore, they will advise you to seek and recover compensation before the two-year statute of limitations expires on your wrongful death claim.

So why should you work with Decatur wrongful death lawyers?

Because they are accessible, you can create an excellent attorney-client relationship, which is vital because you can open up to them. Additionally, they have experience at the local courts, and thus, they know what will work in your favor and what will work against you.

We believe in fighting to ensure you and your departed loved one get justice at our law firm. Therefore, when you give us your case, we give it 100% attention from the beginning to the end. Our wrongful death attorneys are experienced in the field, and thus, you will get the legal representation you need for the battle ahead.

What is a Wrongful Death Claim?

A wrongful death claim is made when a person dies because of another person’s legal fault, such as negligence and breach of care. Therefore, if a loved one died under unclear circumstances and someone else was at fault, you can sue them to seek compensation.

Is a Wrongful Death Lawyer the Same as a Personal Injury Lawyer?

No, they are two different types of lawyers. However, both represent plaintiffs who were injured due to the negligence and carelessness of another party. However, a personal injury sues for the damages caused by the injury, while the wrongful death lawyer represents the family after the deceased succumbs due to the injuries.

What Constitutes a Wrongful Death?

You could sue for wrongful death if your loved one died due to another person’s negligence and breach of duty. If the surviving family members are minor children, the personal representative of the descendants’ estate can also sue.

Who Can File a Wrongful Death Lawsuit?

Typically, immediate family members such as spouses, children, and parents are eligible to file a wrongful death claim. In some cases, extended family members or financial dependents may also be eligible.

What Damages Can Be Recovered in a Wrongful Death Lawsuit?

Recoverable damages may include medical and funeral expenses, lost wages, loss of companionship, and emotional distress. Each case is unique, and the specific damages will depend on the circumstances.

How Long Do I Have to File a Wrongful Death Claim?

The statute of limitations for filing a wrongful death lawsuit varies by state. In Georgia, you generally have two years from the date of death to file a claim. It’s important to consult with an attorney as soon as possible to ensure compliance with legal deadlines.

How Can an Attorney Help With My Wrongful Death Case?

An experienced wrongful death attorney can provide legal guidance, gather evidence, negotiate with insurance companies, and represent you in court. Their expertise can help maximize the compensation you receive and alleviate some of the burdens during this difficult time.