The surviving spouse is not the only person who can settle a wrongful death claim, make a claim, and does not have to be the main person to manage a wrongful death claim. The people who can claim wrongful death are usually the surviving spouse, children of the decedent, or any personal representatives (such as attorneys or estate administrators) of the decedent.
Who Settles the Case in a Wrongful Death Claim?
The surviving spouse’s settlement will be binding on any beneficiaries of the wrongful death settlement. This is because the person who dies has a claim to recover compensation from someone who wrongfully killed that individual. In this case, the surviving spouse then stands in the shoes of the person who dies and picks up the torch of the lawsuit for wrongful death.
What If the Surviving Spouse Dies Too Before a Wrongful Death Claim is Adjudicated?
It is unusual, but there are many cases where the surviving spouse to a wrongful death claim also dies before the lawsuit can be adjudicated at court or settled. The representative or attorney in those cases who step in to manage the case has a fiduciary duty to act and manage the case accordingly to protect the interests of the children (young or adult) in those cases.
Many states have statutes and laws that allow the spouse and close family members to recover punitive damages for horrific conditions related to a wrongful death claim. There can be different laws that will apply depending on the circumstances. Suppose the survivors of the decedent can bring an action for highly negligent situations at the hands of others that result in the death of their loved one. In that case, the survivors may find courts allow the decedent’s estate to recover those damages at law. Some states have a wrongful death act, and others might have a survival act.
Need Help For Your Wrongful Death Claim?
When you are suffering from a severe injury that has come as the result of a wrongful death that resulted from a fatal accident, give us a call at the CEO Lawyer Personal Injury Law Firm. Our injury and accident attorneys are here for you and will help you get the recovery you deserve. We will give you peace of mind to know that your concerns are being heard, and we will get you the compensation that you should have as a result of being injured from the wrongful actions of other parties. Just 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!
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.