Some deaths are pure accidents, with no one to blame. However, other deaths are less innocent. They can be a result of negligent, reckless, or intentional actions. When this type of death occurs, the victim deserves justice. Their family can file a wrongful death claim against the individual or business that is responsible for the death.
Here at Stewart Miller Simmons Trial Attorneys, we’ve seen many families deeply affected by the loss of a loved one. We’ve also seen them struggle to make ends meet after the death. Instead of struggling, let us help you seek compensation. We can file a wrongful death claim and you could receive money for your loss. Working with a wrongful death lawyer in Atlanta can make all the difference.
Compensation for a Wrongful Death
The surviving family members of a victim of wrongful death are typically the only ones who can file a claim. In their wrongful death claim, they can seek damages. For instance, they can seek damages for the life of their loves one.
This includes the value of their life in terms of companionship and family. Although it can be difficult to assign a value to this, the court does just that. They consider the impact the deceased had on your life, then they come up with a financial value of that impact.
There’s also the issue of economic value. If the victim contributed to the household in any way, you could receive compensation for the loss of their contributions. In addition to receiving money for their lost income, you could also receive money for the loss of other services, like childcare or home maintenance.
Another way to seek compensation is through an estate claim. With this type of claim, you could receive damages for funeral expenses, medical bills, and pain and suffering of your loved one. The estate claim is slightly different than the wrongful death claim in that the administrator of the will is the only one who can file the claim. If there is no will, there are laws in place to determine who can file on their behalf.
How to Handle a Wrongful Death
If you lost a loved one because another individual acted in a reckless or negligent manner, you deserve compensation. But you need to go through the challenging process of a wrongful death claim before you can receive financial support.
First, you need to speak to a lawyer as soon as possible. They can advise you on the steps you need to take to improve your chances at success. Additionally, they can ensure that you file within the statute of limitations. In Georgia, you usually only have two years from the death of your loved one to file a claim. However, that deadline changes depending on the circumstances.
For example, government claims have deadlines of either six months or one year. However, a wrongful death that occurred as a result of a crime or traffic violation has a longer deadline. In that case, the deadline is much later than two years.
Gathering Evidence
After the loss of your loved one, you need time to grieve. But you also need evidence to support your claim. If you work with a lawyer, they can collect evidence that supports your statements. This means obtaining video, photo, and written documentation of the incident. If there are any witnesses, their names and information should be recorded.
The Paperwork
You also need to file the claim. Once again, your lawyer can handle this part. After you discuss the details of the incident, you can leave your lawyer to the paperwork. They can file the wrongful death claim and get the process started.
Negotiations
In many cases, wrongful death claims end with a settlement. Your lawyer can meet with the other party and attempt to negotiate a fair settlement. Often, this is the preferred option. You can avoid appearing in court.
Court Appearance
If there is no settlement, your case could go to court. Your lawyer represents you in front of a judge and jury. After the proceedings, the court will decide whether or not you deserve compensation and how much you should receive.
Your Wrongful Death Lawyer in Atlanta
In 2017, there were 115 traffic fatalities in Fulton county. There were also many work-related fatalities and other incidents of wrongful death. Whatever the cause of your loved one’s wrongful death, you deserve help. Contact Stewart Miller Simmons Trial Attorneys and learn what we can do for you.