Dealing with the loss of a loved one is painful enough, so when that death is caused by negligence, the pressure to hold the responsible party accountable can make the situation that much more stressful. Nevertheless, it’s a necessary process and remains protected by the core set of laws, legal codes, and regulations that govern ‘wrongful death.’
At the CEO Lawyer Personal Injury Law Firm, we’re here to help. We have assisted a wide range of wrongful death claims, all seeking to compensate for the financial and personal losses the surviving family has experienced.
We understand how difficult this time can be for you and your family, and we’ll do everything in our power to protect your rights while fighting to secure the compensation you need to fund your family’s recovery.
Call our offices today to schedule your first no-obligation case review. It’s entirely confidential, and new clients can call (470) 323-8779 or contact us online to speak with a member of our team ASAP.
How a Smyrna Wrongful Death Attorney Can Help
In the aftermath of a wrongful death, seeking legal representation is not just a smart choice; it’s often a critical one. Here’s why:
- Experience in Wrongful Death Laws: Wrongful death claims involve many laws and regulations, including state-specific statutes, limitations, and legal procedures. Luckily, a skilled wrongful death attorney will be well-versed in these matters and be able to ensure that your case adheres to all relevant laws.
- Investigative Resources: Attorneys have the resources (and perspective through prior experience) to conduct thorough investigations. They can gather evidence, interview witnesses, and even collaborate with professionals to build a strong case on your behalf.
- Navigating the Legal System: It’s safe to say that the legal process can be overwhelming — especially when you’re grieving. Nevertheless, your attorney will guide you through each step, from filing a claim to navigating negotiations, and can even take your case to court if needed.
- Maximizing Compensation: You’ll need a seasoned lawyer’s help to assess the full extent of your damages, including economic and non-economic losses. They’ll fight to pursue the maximum compensation possible for you and your family, including losing the loved one’s income stream to the household, and help you calculate any relevant future expenses (or losses) in addition to your immediate damages.
- Protection from Insurance Companies: Insurance companies may try to minimize your payout or shift the blame to the victim or other parties. A wrongful death attorney will shield you from these tactics and ensure your rights are protected throughout the process.
- Emotional Support and Stress Management: It’s unfair to expect someone to fully manage the legal process while they’re still grieving, but your lawyer can step in to provide support and help alleviate the stress that comes with handling the legal aspects of your case, so you can focus on your emotional well-being, healing, and recovery.
- Peace of Mind: At the end of the day, holding the responsible party accountable for their negligence may be what you need to move past this horrible accident. By working with an attorney, you can rest assured that you have a legal advocate on your side who will fight for you and your family every step of the way.
All in all, in the wake of a wrongful death, consulting an attorney will be your most strategic course of action. Their experience, guidance, and support can make all the difference when it comes time to pursue justice and help secure the compensation you and your family need to recover from this tragedy.
Who Can File a Wrongful Death Claim?
In a wrongful death case, not just anyone can file a claim. Each party’s ‘legal standing’ will be important, which refers to whether or not the specific individual is authorized (by law) to initiate a wrongful death lawsuit. For example, these parties typically include:
- Immediate Family Members: Under Georgia’s wrongful death statute for spouses and children, immediate family members may have the legal right to pursue a claim. These people are traditionally considered the primary beneficiaries and, thus, those most directly affected by the loss.
- Personal Representatives: In some situations, the personal representative of the deceased’s estate will be permitted to bring a wrongful death lawsuit on behalf of the beneficiaries. This representative may be named in the deceased’s will or appointed by the court.
Who Are Considered ‘Beneficiaries?’
The beneficiaries are those who are entitled to receive compensation in the event of a successful wrongful death claim. Who qualifies will vary by state and the incident’s circumstances, but this group typically includes immediate family members such as:
- Spouse: The surviving spouse is a commonly named representative in wrongful death cases and may be eligible for both economic and non-economic damages.
- Children: Minors and, in some cases, adult children may be eligible to receive compensation after losing a parent.
- Parents: In situations with no surviving spouse or children, the deceased’s parents may qualify as beneficiaries.
What About ‘Personal Representatives?’
In situations where no immediate family member wants to (or can) move forward with the wrongful death process, a personal representative can bring the claim (or lawsuit) on the beneficiaries’ behalf. They’ll then typically manage the legal process and ensure that any damages awarded are distributed appropriately.
That said, the personal representative can also manage the wrongful death suit on behalf of the estate. In these situations, they will act as an ‘executor’ or ‘administrator’ to initiate the lawsuit so they can secure compensation for any outstanding damages like medical bills and funeral expenses.
If a settlement or court award is obtained, they’ll be responsible for distributing the compensation in accordance with the law, which typically means transferring the funds to any surviving beneficiaries (as specified by state statutes or the deceased’s will). Afterward, they must also seek the court’s approval to close the estate and finalize legal proceedings.
If you’re unsure whether you can file a wrongful death suit yourself, don’t hesitate to speak with our team so we can review your specific situation’s details and help you forge a clear path forward.
Compensation and Damages
In a wrongful death case, any compensation awarded will be provided to pay for the deceased’s (or their surviving family’s) damages incurred from the accident. Here’s a breakdown of the key categories these damages may fall in:
Economic Damages
- Medical Expenses: This category covers the reasonable medical and healthcare costs incurred due to the deceased’s injury or illness leading up to their death. It will typically include hospital bills, doctor’s fees, prescription medications, and any other necessary medical procedures.
- Funeral and Burial Expenses: Wrongful death claims also often include compensation for the expenses associated with funeral arrangements, including caskets, cremation, burial plots, and memorial services.
- Lost Income: Survivors may be entitled to compensation for the deceased’s lost earnings, including their potential future earnings, benefits, and any pension or retirement income that would have been provided by the deceased.
- Loss of Services: This includes the value of the services the deceased traditionally provided to their family, such as childcare, household maintenance, and support.
Non-Economic Damages
- Pain and Suffering: Survivors may be eligible for compensation for the physical and emotional pain and suffering the deceased endured before their death — but this category can also include the emotional distress and loss the survivors suffered themselves.
- Loss of Companionship: Wrongful death claims can provide compensation to spouses and family members for the loss of emotional support, love, and companionship that the survivors will have to endure after the death of their loved one.
- Loss of Consortium: In some situations, spouses may also receive compensation for losing marital benefits and companionship, including the loss of intimacy and support within the marriage.
Punitive Damages
In rare instances, punitive damages may also be awarded. They can only be provided at the conclusion of a trial and at the jury’s discretion.
This category of damages is meant to punish the wrongdoer for particularly egregious behavior and to deter others from making similarly negligent decisions. Punitive damages are typically reserved for cases where the responsible party’s actions were grossly negligent, reckless, or intentional.
Contact a Smyrna Wrongful Death Law Firm Today
If you recently lost a loved one because of someone else’s negligent or unlawful behavior, don’t hesitate to reach out to our personal injury team. There’s no reason why you should have to go down this path alone.
The CEO Lawyer Personal Injury Law Firm is here to help you calculate — and pursue — the most appropriate next steps for your specific situation. We offer compassionate guidance and counsel to help you transition towards a life that’s not as financially impacted by the absence of a loved one.
Call our offices today to schedule your first no-obligation case review. It’s entirely confidential and comes at no risk to you. New clients can call (470) 323-8779 or contact us online to speak with a member of our team.
