Wrongful death claims are brought against the defendant for causing someone else’s death through negligence or malice. Therefore, the deceased family files for the wrongful death lawsuit and benefits from the compensation. Wrongful death lawsuits are usually complicated because of the emotional turmoil that the victim’s family is going through.
Different states have different rules and regulations, which is why you need to hire the services of an experienced lawyer. If you’re in Georgia, seek representation of a wrongful death lawyer in Georgia.
However, before you make the claim, you need to familiarize yourself with the ins and outs of a wrongful death lawsuit. Here is what you need to know about wrongful death claims.
When to Apply for a Wrongful Death Claim
There are several instances where a wrongful death claim is applicable. The first one is when a victim was intentionally or maliciously killed.
The second instance is when the victim’s death was a result of negligence. This includes instances like death as a result of an accident while operating factory machinery or medical malpractice, where a patient dies as a result of carelessness on the doctor’s end, a wrong diagnosis, or even death after a car accident.
If the accident’s cause is carelessness, or negligence, the victim’s family can file a wrongful death claim.
Who Can File for a Wrongful Death Claim?
A representative of the deceased individual’s estate usually files the wrongful death claim. The estate survivors can vary from a parent seeking compensation for a child’s wrongful death or a spouse seeking compensation for their partner’s death.
It is vital to note that there must be proof of negligence for a wrongful death claim to stick. This means that the defendant had a legal obligation or duty of care, and they failed to deliver.
Wrongful Death Damages
The damages to consider in a wrongful death situation include the deceased’s pain and suffering before death, funeral expenses, and medical expenses. You can also include loss of income, emotional damages due to loss of companionship and care, and value of the deceased’s services would offer their loved ones, among other things.
Why You Need a Wrongful Death Lawyer
A wrongful death lawyer will explain the case to you and help you prove negligence by collecting all the necessary evidence. A lawyer will also help you handle all the paperwork and ensure that you file the claim within the period required by the statute of limitations. A lawyer will save you time, allowing you and your family to mourn peacefully without worrying about the situation’s legalities.
The lawyer will also value your claim, ensuring that you get the correct value and negotiate on your behalf to get it. They can also offer representation if the case proceeds to court. The role of a wrongful death lawyer is undeniable. These situations tend to be emotionally, physically, and financially draining. Having a lawyer to do all the hard lifting will make the situation a bit easier.
Are You Ready to File a Wrongful Death Claim?
With this information, you can know whether you can file for a wrongful death claim. Ensure you have proof of negligence if you require the claim to go through. It is especially important to hire the services of a wrongful death lawyer. This is because of their role in ensuring that you and your family get a befitting compensation, not to mention the complexity that accompanies such cases.
The emotional fatigue that comes with losing a loved one is hard enough to deal with, even without a lawsuit. Therefore, allow a lawyer to help you through the wrongful death claim for better chances of winning the settlement.
