Losing loved ones because of someone else’s negligent behavior is an experience that changes families forever, and understanding your legal rights and options can feel overwhelming. Attorneys recognize the mental and emotional toll these events take, and they’re here to offer valuable insights into the claim process. Read on to learn what to expect when filing a wrongful death claim in Atlanta.
Documenting Liability
Proving liability is the most important step when seeking compensation and justice in wrongful death cases. Demonstrating liability requires gathering evidence that proves the at-fault party’s negligence. At Howe Law Injury & Accident Lawyers, we work within the state’s guidelines when helping clients understand the element of proof.
The Duty of Care
To prevail in these cases, clients must establish that the at-fault party was legally obligated to protect the decedent from harm. For example, in auto accidents, other motorists owe the duty of care but criminals and trespassers may not be owed that duty. Proving a breach of the duty of care requires showing that the defendant’s actions put the victim at risk.
Causation
Additionally, it is crucial to document that the breached duty of care caused the fatal event. Establishing a link between the defendant’s negligence and the victim’s death is vital to the claim’s success. After proving liability, surviving family members must quantify losses. While money can’t bring a loved one back, financial compensation can decrease the burden of the loss.
Loss of Care and Companionship
Aside from the financial toll of a wrongful death, the emotional costs are high. The sense of grief, loss, and devastation can have life-altering effects on survivors, and seeking justice acknowledges these costs while holding at-fault parties accountable.
Compensation Available in Wrongful Death Cases
In wrongful death lawsuits, several types of compensation may be pursued, including:
- Economic damages, which attempt to compensate survivors for financial losses like wages, earning potential, and medical bills.
- Non-economic damages, which compensate families for pain, suffering, emotional distress, and other losses that are difficult to quantify.
- Funeral expenses, which cover the cost of cremation, burial, and memorial services.
- Punitive damages, which punish the at-fault party for their intentional or egregious conduct.
Understanding the wrongful death claims process can offer reassurance and clarity during challenging times. Contact us for help getting the justice your family deserves.
Consultation, Case Evaluation, and Investigation
Seeking guidance from a wrongful death lawyer is essential. Our attorneys will assess your case’s viability, offer personal recommendations, and explain your legal options. We will investigate the case’s circumstances, gathering medical documents, accident reports, and eyewitness testimonies to support the claim. While most cases settle out of court, we will litigate if necessary.
Courtroom Experience
If we cannot, through negotiations, reach a settlement, we will prepare for trial and take the case to court. There, your attorney will present evidence, interrogate witnesses, and argue for a fair verdict.
Have an Experienced Attorney on Your Side
The emotional and financial toll of wrongful death is significant, and no amount of money can turn back time but compensation will alleviate these burdens. Our knowledgeable and compassionate attorneys understand wrongful death cases, and we will provide the support and guidance families need during trying times. Call, click, or email us for a thorough case evaluation and personalized advice.