When a loved one dies in a preventable accident, you feel a strong need for justice. While the deceased cannot file a personal injury lawsuit, surviving family members can still hold the liable person or entity accountable. A wrongful death attorney can file a claim against the responsible parties so you can attain justice and compensation for your losses.

Below, learn how an attorney can help after losing a loved one. Then, speak to a wrongful death attorney if you have questions about a potential case.

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Wrongful Death Statistics

There are more than 45,000 fatal car accidents annually in the US, and potentially thousands of those can be wrongful death claims. There are also 90,000 wrongful death claims involving medical malpractice annually.

Further, there are 19,650 slip-and-fall claims involving death every year. Common reasons for death involving slips and falls are slippery walkways, unlit corridors, lack of safety signs, and missing handrails on steps.

What Is A Wrongful Death Lawsuit?

A wrongful death claim is a lawsuit that seeks compensation for the family of a person who was killed because of negligence or a wrongful act. The purpose of a wrongful death claim is to provide compensation for the family for their emotional and financial losses.

A wrongful death claim is a type of personal injury lawsuit, and a contingency agreement usually pays your attorney. This means the attorney is only paid if you receive compensation in the claim. If the claim is successful, the attorney will take a percentage of your settlement or jury award.

When you lose a loved one because of another person’s negligence, retaining a wrongful death attorney can help.

What Are Common Causes Of Wrongful Death Claims?

There are many reasons that people are killed that can lead to wrongful death claims. Common causes are:

  • Car accidents: Fatal auto accidents are the most common reason for wrongful death lawsuits. Typically, auto accidents are caused by distracted, fatigued, or drunk driving. Or the driver engages in reckless or negligent driving that causes the accident and death.
  • Truck accidents: Tractor-trailers deliver products across the nation and also cause crashes every day. Commercial truck accidents often lead to serious injuries and death because of driver or company negligence.
  • Bicycle accidents: Bikes are small and harder to see than cars, so bike accidents are quite common at intersections and on the side of the road. Some of the accidents are fatal and trigger wrongful death claims.
  • Medical malpractice: When a medical professional doesn’t demonstrate a duty of care, they can be liable in a medical malpractice claim. Common reasons for wrongful death claims in medical cases are improper diagnosis, missed diagnosis, surgical mistakes, and prescription drug errors.
  • Defective products: A wrongful death claim can happen when someone dies because of a dangerous product stemming from an incorrect manufacturing process or defective design or labeling.
  • Criminal acts: A person who dies in an event caused by a deliberate act can be the basis of a wrongful death lawsuit. For instance, a murder can lead to both criminal charges and a wrongful death claim.

An experienced wrongful death attorney can review your case to determine if the person’s death could have been avoided with the proper use of reasonable care.

What Are The Elements Of A Wrongful Death Lawsuit?

You have the burden of proof as the plaintiff in a wrongful death lawsuit. This means you must demonstrate the following negligence elements to receive compensation:

  • Duty of care: A duty of care exists between people in certain cases. For instance, if your loved one was rear-ended in a truck crash, you can show the trucker had a duty of care to drive safely and obey traffic laws. Truckers have a higher duty of care than regular drivers to stay safe.
  • Breach of duty: After showing a duty of care, your attorney must prove the person violated their duty of care. In the above example, the breach might be caused by the trucker falling asleep and rear-ending your loved one on the interstate.
  • Causation: Next, you need to show that the breach caused the loss of your relative. This shows that the trucker fell asleep and that negligence led to the crash.
  • Damages: Last, you must show damages, such as loss of income, medical and funeral bills, etc.

Seek a complimentary consultation with a wrongful death attorney if you think your loved one’s death was from someone’s negligence or wrongful action. The attorney won’t take your case if they aren’t confident they can prove the above negligence elements.

Who May File A Wrongful Death Lawsuit?

Every state has laws that state who can file a wrongful death claim. The following often are eligible to file a wrongful death lawsuit, but check with your attorney about your state’s laws:

  • Parents of the deceased
  • Spouse or domestic partner of the deceased
  • Children of the deceased
  • Financial dependents of the deceased

Many states, including Georgia, don’t allow siblings to file a wrongful death lawsuit unless there is not a surviving spouse, children, or parents.

Some states require a state representative to file the wrongful death claim on behalf of the eligible parties. Your wrongful death lawyer will ensure that the proper person or persons file the wrongful death claim correctly.

How Can A Wrongful Death Attorney Help Me?

Obtaining fair compensation in a wrongful death claim is difficult. However, your wrongful death attorney is experienced and skilled in these claims and can maximize your compensation. Some ways that an attorney can help after the loss of your loved one are:

Conduct An Investigation

After the accident, the police and others will investigate the death. Your wrongful death attorney will perform an independent investigation to determine who and what caused the death. This process will include gathering critical evidence to prove who caused the incident.

Help With Legal And Insurance Paperwork

Any wrongful death will involve plenty of legal and insurance tasks and paperwork. Your attorney will handle any of your claim or lawsuit’s legal and insurance requirements. You won’t need to worry about these things, so you can focus on your family.

Negotiate With The Insurance Company

After proving that a certain party caused the death, the wrongful death attorney will issue a demand letter for settlement to the relevant insurance company. Then, they will negotiate a fair settlement to the case, if possible.

Accurately Estimate Your Damages

Your personal injury attorney will accurately estimate your losses, such as lost future income, lost inheritance, loss of services, loss of care and support, funeral and medical bills, mental anguish, and pain and suffering of the deceased. The attorney may retain various economic and legal experts to estimate your losses.

File A Lawsuit, If Needed

Most wrongful death claims are resolved with a settlement. But your attorney will file a personal injury lawsuit if the insurance company won’t offer a fair settlement.

Take Care Of The Estate

Your wrongful death attorney will ensure that all paperwork and administrative work is done with the estate and that all legal deadlines are met.

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How Do I Know I Have A Wrongful Death Claim?

You must consider several important factors to know if you have a wrongful death claim. In Georgia and most states, a wrongful death happens when a person’s negligence or purposeful action causes someone’s death. If your relative’s death could have been avoided if someone had acted correctly, you could have a claim. Common factors in wrongful death claims are:

Negligence Or Wrongful Conduct Was A Factor

Did the death occur because of someone’s reckless or careless action? You can have a case in motor vehicle accidents, medical malpractice, product defects, pedestrian accidents, and slip and fall incidents.

A Connection Between The Death And The Action

You have to prove that the other person’s negligence or wrongful action caused the death. For example, a car driver ran a red light and hit your loved one. You must prove that they didn’t stop at the light and that the resulting accident killed your loved one.

The Death Caused Emotional And Financial Losses

As a surviving family member, you must show that you suffered damages, such as lost income, mental anguish, lost inheritance, funeral and medical expenses, etc. You also can receive compensation for your loved one’s suffering during and after the accident or event that caused their death.

You Are Someone Who Can File A Wrongful Death Claim

Every state has laws about who can file a wrongful death claim, such as children, spouses, or parents of the decedent.

You Filed The Claim Within The Statute Of Limitations

Every state has a statute of limitations for filing the claim. In Georgia and many states, the limit is within two years of the person’s death.

Will An Insurance Company Cover The Death?

Various insurance policies may cover wrongful death claims. For example, a car insurance policy may cover some losses if someone dies in a car accident. However, the initial amount offered by the insurance company may be woefully inadequate.

A skilled wrongful death attorney is a major asset when it comes time to demand compensation from the insurance company. Your attorney will determine who caused the death and what your full damages are. They will also find out which insurance policies should cover the loss and the coverage amount.

What Is Your Wrongful Death Claim Worth?

Like a personal injury claim, a wrongful death claim’s value will depend on the case factors below:

Medical And Funeral Bills

One of the key factors in the case value is the person’s medical and funeral bills. Many victims have extensive medical bills before they die from the accident or incident. The person may have been in the hospital for weeks before they passed, so you should receive compensation for those bills. Also, any reasonable funeral and burial expenses should be covered.

Earning Potential Of The Deceased

Your loved one’s salary, education, and earning potential influence the claim value. If your loved one was a doctor and 30 years old when they died, their earning potential was higher than that of a retired teacher.

Age

The deceased’s age will be a factor in the settlement amount. A younger person had more life and working years before them than someone in their 70s.

Mental Anguish

Your family’s mental and emotional anguish will also affect the settlement amount. Suppose your family member was the father of three young children. The emotional losses of the death can be higher than if the person was retired and didn’t have any children.

Pain And Suffering

Your relative’s pain and suffering during and after the incident will affect the claim’s value. If they endured great pain during the death, such as through severe burns, the case can be worth more.

Many wrongful death claims are worth hundreds of thousands or millions, but every case is different. Much of your claim’s ultimate value is influenced by the skill and tenacity of your wrongful death attorney. A skilled attorney is a known quantity in their community, and the insurance company may decide to offer a higher settlement than risk losing more in a contentious lawsuit.

How Long Will My Wrongful Death Claim Take?

Most wrongful death claims are settled out of court. The liable insurance company may be more willing to settle the case to avoid an expensive trial. In some cases, the case can take a few months to settle. However, the timeline can be extended by a year or more if the case goes to trial. Your attorney will work to settle the case for a fair amount quickly, but the claim can take longer if a lawsuit is needed.

Contact A Wrongful Death Attorney Today

Losing a loved one is even worse when they died because of someone’s negligence or wrongful action. You have legal options if another person causes your loved one’s death. Hire a wrongful death attorney to hold the liable party responsible. You can receive compensation for your financial and emotional losses, so speak to a wrongful death attorney today.

Schedule a Free Initial Consultation Today!