Dealing with the pain of losing a loved one can be overwhelming. This is especially true if your loved one was killed in an accident that resulted from someone else’s carelessness or negligence. The types of accidents that can result in death are too numerous to name. However, some of the most common accidents and causes of wrongful deaths include work-related accidents, car accidents, truck accidents, slip and falls, medical malpractice, and defective products (including defective drugs).
Wrongful death claims can be complicated, and there are several legal prerequisites to filing a wrongful death claim. Consequently, if you are contemplating filing a wrongful death claim on behalf of your loved one, you may need an experienced personal injury attorney representing you at every stage. An Alpharetta wrongful death lawyer can answer all your legal questions and assist you with filing a claim or lawsuit.
Who Can File a Wrongful Death Claim?
Several individuals may be eligible to bring a wrongful death claim on behalf of a deceased loved one. The decedent’s spouse has first priority followed by any children. If no surviving spouse or children are alive or available to bring the claim, the decedent’s surviving parent or parents may bring the claim – or the personal representative of the decedent’s estate.
Wrongful death claims are traditionally more difficult to prove than regular personal injury cases. This is because juries are less inclined to award money to surviving family members than they are to the person who actually sustained the injuries. Moreover, the decedent is not available to testify about the accident and what occurred. For assistance with filing an injury claim, consult with an Alpharetta wrongful death lawyer.
Proving Alpharetta Claims
An Alpharetta wrongful death lawyer proves case the same way they prove any other personal injury claim. First, they must be able to show that another person (or legal entity) failed to act reasonably, thereby causing the fatal accident. They must then be able to show that the accident directly led to the decedent’s death.
Proving a wrongful death case can be difficult – particularly at trial. Proving the legal elements of the case, including damages, often requires a combination of lay and expert opinion testimony. In an Alpharetta wrongful death case, the claimant may be able to recover monetary compensation for:
• The decedent’s medical costs and care expenses
• The decedent’s projected future lost wages resulting from their inability to work
• The decedent’s pain and suffering incurred just before death
• The cost of the decedent’s funeral expenses
• The full value of the decedent’s life
Speaking with an Alpharetta Wrongful Death Attorney
If one of your loved ones has been killed in an accident that was not their fault, you may be able to open an estate or file a wrongful death claim on their behalf. Insurance companies are not inclined to award significant damages in wrongful death cases. Consequently, you may need an experienced attorney on your side who can negotiate or litigate on behalf of you or the estate.
A dedicated Alpharetta wrongful death lawyer could first negotiate with the insurance company. If the insurance company does not make a favorable settlement offer, the lawyer can then litigate the wrongful death case in the court system. Call to learn more.