Experiencing the loss of a loved one due to an unexpected accident causes immeasurable pain to the rest of the family. While nothing can fill that void, seeing the at-fault party held accountable while receiving compensation for damages can make the loss a bit easier.
To help you with the legal matters, you can turn to a personal injury attorney with experience in wrongful death cases such as those with John Foy & Associates. One of our East Point personal injury lawyers can collaborate with you to help you receive compensation and some peace of mind.
How an East Point Wrongful Death Lawyer Can Help Following the Loss of a Loved One
A wrongful death attorney in East Point can investigate the circumstances leading to your loved one’s premature death. In addition, they can advise you of your legal rights, determine liability, and, if necessary, file a lawsuit to help you seek compensation for your loss.
Investigating the Accident Causing the Death of Your Loved One
The facts of any accident are not always easy to determine, even more so in a wrongful death case when the key witness has lost their life. While there can be confusion as to how an event occurred, there can also be cover-up attempts to protect those who should be liable.
A wrongful death attorney may be able to dig out the evidence necessary to hold those liable accountable. They can:
- Review police reports.
- Interview witnesses.
- Depose others involved.
- Review prior records of others involved, when applicable.
- Locate surveillance cameras, videos, and photos, when applicable.
- Review medical records.
The evidence your attorney can uncover along with expert testimony can go a long way in solving and proving a legal case.
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Is a Wrongful Death Claim the Same as a Survival Claim?
A survival claim and a wrongful death claim are not the same things. A survival claim provides for the pain and suffering family members may deal with following an accident that took the life of their loved one.
A wrongful death claim, however, provides reimbursement for medical and other expenses which the family has encountered and compensation for the suffering the decedent endured. The two claims or lawsuits are separate issues and need to be independent of each other.
Who Can Be Held Accountable Following a Wrongful Death Accident?
Determining who was at fault in the death of your loved one can also uncover who should be held accountable. In some cases, one individual is to blame and, along with their insurance company, be held liable. As in the case of a careless driver.
In other instances, there could be companies rather than one individual who could be accountable. For example, if a wrongful death was caused by a defective product, the manufacturing company could be responsible. If a wrongful death occurs due to medical malpractice, the hospital may be responsible as well as a doctor or other medical professional.
Who is Eligible to File a Wrongful Death Claim in East Point?
Each state has different laws regarding who can file a wrongful death lawsuit. In East Point and all of Georgia, the surviving spouse of the decedent can file a wrongful death claim as can one or more of the children.Is There a Deadline to File a Wrongful Death Claim?
In general, the immediate family has up to two years from the date of death to file their wrongful death case in Georgia. However, this can be dependent upon the situation which caused the injury leading to death. An experienced wrongful death lawyer in East Point should be aware of the regulations and laws pertaining to filing a lawsuit and can ensure that your claim is filed in a timely manner.
Damages You May Receive Compensation for Through a Wrongful Death Claim
You can expect to recover expenses incurred through the loss of your loved one, and to receive compensation for those still owed. Known as economic damages, examples may include:
- Emergency medical transportation.
- Emergency care and follow-up care.
- Hospitalization and surgeries.
- A loss of income to the family.
- Funeral services and burial.
You also file for other damages known as non-economic damages.
What are Non-Economic Damages?
Following the accident that led to your loved one’s wrongful death, they may have suffered emotional and mental discomfort including physical pain. The toll imposed on your loved one can constitute a figurative amount that you can file in a wrongful death lawsuit.
Examples of non-economic damages include:
- Pain and suffering.
- Loss of enjoyment of life.
- Scarring and disfigurement.
- Loss of consortium.
How Long Until You Receive Compensation?
Investigating and proving a liable claim in a wrongful death case takes time. It is up to you and your attorney to meet the statute of limitations in Georgia. But you also may want to resolve your case as quickly as possible, for financial reasons, and emotional ones.
The defendant and their insurance will try to pay as little as possible. You are looking for proper compensation for the pain and suffering your loved one went through.
Your attorney can negotiate to the best of their ability with the defendant’s attorney. And your attorney can advise you as to when they feel negotiations have reached an endpoint.
Will Your Wrongful Death Case Need to Go to Court?
The final decision is yours. If the defendant’s team does not meet your expected outcome, you will have to decide whether you want to accept their offer or take the case to court.
Going to court will take longer. It is up to you whether it is worth the time and emotional distress a court case could bring to possibly receive higher compensation.
Choosing the Right East Point Wrongful Death Attorney for Your Case
While nothing can replace your loss, receiving justice and compensation can help your family. Contact a John Foy & Associates attorney for a free consultation to review your case. Let us discuss with you how we may be able to help.