In order to win your case your attorney will need to prove some key aspects of your case:
- That the victim’s death was caused by the defendant’s negligence or intent to cause the deceased individual harm.
- That in addition to emotional injuries there are also financial damages related to the death that the family has suffered
- That there has been an appointment of a representative for the estate of the decedent
With their compassion and knowledge, an experienced wrongful death attorney will be able to guide you through the legal proceedings and take the lead so that you can focus on what matters to you in your life. If you have lost a loved one then it’s important to speak to a wrongful death attorney as soon as possible.
Should I seek an attorney for assistance after a wrongful death?
After losing a loved one it may be hard to think about all of the legal aspects of filing a wrongful death claim. But that is exactly why you need to speak with an experienced and knowledgeable wrongful death attorney who will advocate for you and who has advocated for hundreds of clients before you.
Who can file a wrongful death claim?
Each state has its own set of laws that determine who has standing to sue in a wrongful death case. In some states, the domestic or life partner, putative spouse, and anyone who is financially dependent on the decedent can file a claim, whereas in other states they cannot. Some states allow brothers and sisters of the deceased to sue on their behalf, and yet others don’t. For example, only the following people have standing to sue for wrongful death in the state of Georgia:
- Immediate family members, such as spouses, children, and adopted children
- Parents of unmarried adult children
- Parents of minors
- The personal estate representative of the decedent
Can I afford an attorney?
Personal injury and wrongful death attorneys work on a contingency fee basis. This is very important to understand because a lot of people delay in seeking legal advice because they are afraid that they cannot afford a skilled attorney. Meanwhile, they are dealing with all of the other aspects of the wrongful death without any justice or compensation. Your attorney should work hard to get the compensation that you deserve. Their payment will come out of your award that you receive from the liable party.
Damages in Wrongful Death Claims
There are different damages that the surviving family members of the deceased can sue for. There are, of course, the financial losses that are related to the victim’s deaths including:
- The funeral expenses
- The medical expenses for the deceased person’s last injury or disease
- Lost wages including the earnings the deceased person would have made had he or she lived
One reason why it is good to contact an attorney right away is that there is a time limit on how long you have to file a wrongful death claim, which is called the statute of limitations. These are different in every state, so you should read more and contact an attorney in the state where the wrongful death occurred. They can advise you on how to file in a timely manner.
