The term wrongful death refers to a fatal accident caused by the negligence of another entity: a person(s), company, or agency. These tragic circumstances leave the grieving family with financial burdens and obligations, along with the pain of losing their loved one.
Facing a wrongful death claim can be exhausting for a family to manage while also coping with the shock and grief of their loss. Small but important details regarding the deceased’s finances can easily be lost or overlooked, but an attorney can help organize the most important financial aspects along with all the needed steps of a claim.
Your Dalton wrongful death lawyer acts as your advocate through the complexities of financially recovering after a sudden loss in the family. The CEO Lawyer Personal Injury Law Firm is one of the most locally trusted, top-rated firms in Georgia.
Our associates understand the frustration and anguish around the long process of financial recovery. Schedule a free, no-obligation consultation with The CEO Lawyer and his trusted Dalton personal injury attorney team when you call us today at (706) 307-4676 or contact us online.
A Dalton Wrongful Death Attorney Can Represent Your Family Through Recovery
Wrongful death cases can be more complex because of the emotional strain that the litigation tasks can have on the family. Throughout the process, your attorney can help guide you and strategize your case toward achieving the highest settlement package possible, which will go towards unpaid medical bills, loss of household income, and other damages.
As your professional advocate, your Dalton wrongful death lawyer can manage the following responsibilities to maximize your settlement and help provide some peace of mind:
- Case evaluation: Facing a death in the family can cause every other aspect of life to come to a halt. It can be difficult to piece together information about if you have a wrongful death case and how to prove it, so an attorney can provide a personalized assessment of your case to help you understand what your most beneficial course of action may be.
- Assistance filing the claim: The actual paperwork that is submitted when you file a wrongful death claim must be thoroughly completed and fully accurate. This process can be time-consuming and frustrating when you have more pressing concerns on your mind, but retaining the support of an attorney can eliminate this tedious responsibility altogether. Your lawyer will help you collect documents, ensure you know exactly what is expected in your filing, and organize the act of submitting the claim.
- Establish liability: Wrongful death is an umbrella term that accounts for various types of accidents. The legal precedents for each of these cases will be different, but an attorney can review the evidence of the case to establish a legal argument for liability. Wrongful death cases can have a lasting impact on an individual, a company, or a government entity, so delays and other attempts to put off responsibility are common. An attorney’s role at this point of the case is to build a concrete argument for negligence, pushing the legal proceedings to move along efficiently.
- Communication management: One reason why families put off wrongful death claims is because of the painstaking task of revisiting the accident in communications with the liable party’s insurer or other representatives. Your lawyer can be your voice throughout litigation, managing these conversations on your behalf and relaying important information back to you in a private setting.
- Negotiation representation: Recovering an actual settlement after a wrongful death in the family can be confusing because you might not know what’s covered. The insurer will expect you to provide evidence for every damage that you intend to recover in the settlement, but they won’t offer much help in deciding what’s recoverable. Your attorney knows that this type of case will result in future expenses along with the present debts, and so they will advocate for your family’s financial future during negotiations.
What Are the Most Common Types of Wrongful Death Cases?
Wrongful death cases can happen in various circumstances, but is most common in the following types of accidents:
- Medical malpractice: A family can file a wrongful death claim against a facility for errors committed by a medical professional or negligent care that results in the death of a patient. In these cases, the professional may also face individual legal action like license suspension or prison time. Medical errors account for up to 251,000 deaths a year in the United States. These cases can be especially hard to prove because it may be pre-established that the patient was not in good health at the time of their death.
- Auto accidents: Car accidents, truck accidents, motorcycle accidents, bicycle accidents, and pedestrians can all result in a wrongful death. In cases where the fatality was caused by another person’s negligent, impaired, or distracted driving, they may be liable in a claim. Vehicle or parts manufacturers can also be held liable for defective car parts and systems leading to crash injuries.
- Defective products: A wrongful death can occur due to a defective consumer product like medication, medical devices, or other machinery. To file a wrongful death claim, it must be probable that the product in question had a dangerous malfunction or defect that caused the fatality.
- Workplace accidents: Most commonly, construction sites and industrial workplaces can lead to fatalities on the job, but these accidents can happen anywhere due to negligent actions or safety violations. An accident that happened on the job will go through a separate process for financial recovery utilizing the company’s workers’ compensation coverage.
What Can I Recover From a Wrongful Death Case?
The costs associated with a loved one’s wrongful death may be hard to think about, but essential for building a comprehensive claim report. Your attorney can help you understand how you may be eligible for each of the following damages:
- Funeral and burial costs
- Medical expenses
- Loss of income
- Loss of homemaking services
- Loss of inheritance
- Loss of future benefits
- Loss of companionship
- Pain and suffering
Who Can File a Wrongful Death Claim?
Not everyone can file a wrongful death claim on behalf of the deceased and their family. In fact, every state approaches these limitations differently.
In Georgia, the surviving spouse or child are the most common family members to bring forward a wrongful death claim. If the deceased was unmarried at the time of death with no children, their surviving parents may also file.
In the event the deceased had no surviving spouse, children, or parents, a legal representative of their estate may take over in filing a wrongful death claim.
How Does a Will Affect a Wrongful Death Claim?
In the U.S., only 33% of people have an estate plan. The final copy of the deceased’s will may affect how certain steps of the wrongful death claim proceed:
- Appointment of a personal representative: Generally, a last will and testament will name an executor to the estate. If so, this person will have the ranking authority to bring forward the wrongful death claim. In some circumstances, the deceased’s loved ones may still file a claim if the executor is unwilling to do so.
- Damage distribution: A will can also dictate how the settlement is distributed among beneficiaries. In a situation where no will is recorded, intestacy laws will govern the distribution of assets and settlement awards.
- Authority to settle or litigate: The family may have options when settling for a wrongful death claim. Most cases are settled through a claim involving the defendant(s) or their insurance company, but the executor of the estate can ultimately make the decision to take this route or proceed with formal litigation. An attorney can help you weigh the advantages and disadvantages of your options. If there is a representing estate attorney, they may not be able to assist because the area of practice is separate.
- Priority of beneficiaries: If a will dictates specific individuals as beneficiaries and provides a list of succession for priority of distribution, this must be honored in a wrongful death claim.
- Appointment of guardian ad litem: When a minor or incapacitated individual is named in a will, a court-appointed professional may be appointed — a guardian ad litem. Their job is to protect the interests of the individual and ensure that their inheritance is not obstructed or ignored. Beneficiaries can be easily taken advantage of, so this advocate will ensure that the deceased’s wishes are honored.
Ultimately, the damages award will go to the surviving family members, except for costs that would have been borne directly by the decedent, which will be returned to the estate. The estate will then be distributed according to the language of the will or the laws of intestate succession.
Contact a Dalton Wrongful Death Law Firm to Represent Your Family
Grief is an around-the-clock feeling, and your Dalton wrongful death attorney understands that it can be overwhelming to manage both the emotional toll and financial responsibilities simultaneously.
Working with an attorney means having a legal professional to lean on for support, so you don’t have to worry about the frustrating and time-consuming tasks of litigation and can instead focus on the mourning process. An attorney’s aid can be invaluable to a wrongful death case because they know what’s important to focus on and how to advocate for your future after the case is closed.
At The CEO Lawyer Personal Injury Law Firm, our team works meticulously to protect the families of wrongful death victims. Ali Awad, the founding and managing attorney of the firm, has built a reputation for his passionate drive to serve Georgia communities.
Representation is just a call or click away. You can schedule a free, no-obligation consultation with The CEO Lawyer at any time by calling (706) 307-4676 or contacting us online.
