What Makes a Fatal Accident a Wrongful Death?

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wrongful death

Wrongful Death Claims Require Standing to Sue

In the case of wrongful death claims and actions, there are some legal issues to take care of before an action can be initiated after losing a loved one. The person who brings a wrongful death claim stands as the representative of the person who died. But the person bringing the lawsuit needs to have “standing” to bring that action.

The idea of standing is a legal term that requires that a person bringing a wrongful death action has the authority to do so or has the right to bring a claim for someone for the death of that loved one. For example, in a wrongful death action, a spouse would have more standing than a neighbor to bring an action for damages for the loss of a fatally injured person in a wrongful death case.

What Are the Differences Between Wrongful Death or Personal Injury Claims?

A wrongful death claim is when a surviving family member makes a claim for the loss of a loved one who died as a result of the negligent actions of another. A personal injury claim is similar, but the person affected by the negligence of someone else did not die as a result of those negligent actions.

What Types of Losses Can Be Recovered for Wrongful Death?

Many different types of expenses are recoverable by the decedent’s surviving family members in a wrongful death claim. These expenses include:

  • Medical expenses and medical bills
  • Funeral expenses to bury the loved one
  • Lost wages of the loved one
  • Loss of benefits such as family insurance coverage, pension plans, etc.
  • Pain and suffering of the loved ones for the loss
  • Loss of companionship or loss of consortium, love, and affection of the loved one who died

I Am Divorced Now from the Loved One Who Died, Am I Still Considered a “Surviving Spouse”?

Generally speaking, the surviving spouse of a decedent is the person to who the decedent is married to at the time of the death. If you are divorced from the decedent when that person dies, you are the divorced spouse of the decedent, not the surviving spouse of that person. The action of wrongful death starts at the moment that the person dies, not when the injuries are inflicted on that person. Not to split hairs, but if an individual is shot by someone, and is married, then the wife divorces the person while he is in the hospital for those injuries, there will be a problem if the divorce is final before the hospitalized person dies. In other words, if you are divorced from the person when the clock starts in a wrongful death action at the person’s death, then you are not considered a surviving spouse in most cases. Of course, there are people who are separated and other issues, whereby this situation can therefore become a bit more complicated.

Learn More About The Wrongful Death Claims

For more details, please visit CEO Lawyer Personal Injury Law Firm or contact our injury and accident attorneys via form. Or give us a call today at (833) 254-2923 right now.

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Frequently Asked Questions

After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

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Help Negotiating with Insurance Carriers

To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.

Do You Have a Personal Injury Case?

The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.

Georgia's Personal Injury & Accident Firm

Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.

What to Expect From Your Initial Consultation With a Personal Injury Attorney?

During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.

Speak to an Experienced Personal Injury Attorney Today

If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.