Indeed, wrongful death happens when recklessness, negligence, or deliberate actions lead to fatality. call us today at 470-268-5802. We ensure any client that we represent recover compensation benefits that they deserve.
Tag Archive for: Atlanta Wrongful Death attorney
If car accident injuries cause the death of the victim, an Atlanta wrongful death claim may be brought. Call us at 470.268.5802. If you are looking for an experienced, reputable Atlanta wrongful death claim attorney.
Negligence of a company in the use of faulty vehicles or the enforcement of the safety regulations or a defective vehicle could cause a truck or auto accident. Contact us in Atlanta, GA for a free consultation at 470-268-5802 and speak to our expert lawyers today!
We want you to focus on grieving and moving on and stop worrying about the financial support that you have lost. Call us At Bobe & Snell Law Office LLC, today at 470.268.5802 for the best option that can give you a fair Atlanta wrongful death settlement.
DEATH CLAIMS GUIDE
As a matter of fact, fortunately rare, workplace deaths are still quite common and about 1 U.S worker die every two hours as a result of a work-related injury. Once compensability of a particular death claims is established, the next issue is to discover if the deceased worker has left any dependents behind.
In Georgia when a worker loses his/her life within the workplace premises, his/her dependents are often able to file what is known as the ‘death claim’. These death claims are provided for by the employer to the deceased dependents. Bobe & Snell help you file the death claim efficiently and handle the entire matter to give you time to grieve over your loved one while we manage your legal aspects.
Determining Dependency
Before starting the negotiation settlements in death claims, it is imperative to identify all the potential dependents of the departed loved one. The following people will be automatically considered to the next of kin wholly dependent on the support given under the name of the deceased employee.
- A husband or a wife, except if the husband/wife were living in separate houses for a period of 90 days prior to the accident.
- A child of the employee if:
- The child is under 18 years of age and enrolled in high-school
- The child is over 18 and is physically challenged and incapable of earning a livelihood.
- The child is under 22 and is a full-time student enrolled in a postsecondary institution of higher learning.
If you have recently lost a loved one to a workplace accident, let’s have a look at our guide and make the process relatively easier.
Step 1: Collect all documents
- Ensure you gather important documents such as the original death certificate
- For clients who possess retirement provision with death benefits:
- Final will and testament of the deceased
- Marriage certificate
- Divorce papers (in case of previous marriages)
Step 2: Fill in one of the claim forms:
You can submit your claim form electronically. You can either fill a death claim form, form of dependents and SAPS statement (only in case of unnatural death).
Step 3: Send completed documents to Bobe & Snell
Send all your documents to us using any of our mentioned contact details.
WHAT HAPPENS NEXT?
Our expert professional staff will assist you in getting your rights. Numerous employers turn their back as soon as the worker leaves this world and fight their best in avoiding fulfilling death claims. Go to https://workerscompensationlawyerga.com/wordpress/wordpress/ to fill your claims today and get the benefits you are eligible for. Contact us in Atlanta, GA for a free consultation at 470-268-5802 and speak to our expert lawyers today!
Wrongful Death Claim Atlanta – What You Need To Know
You may have a cause for a “wrongful death” claim if your loved one dies in an accident or due to injury he or she sustained. Any misconduct or negligence of another person, entity or company that leads to the death of an individual will give rise to a wrongful death claim Atlanta.
The representative of the deceased person’s estate is the one responsible for bringing the claim for wrongful death. He or she will be making the wrongful death claim Atlanta on behalf of the statutory beneficiaries that usually including the children, surviving spouses and other immediate family members including the parents.
Children under the age of 18 must find an adult guardian to file a wrongful death lawsuit in court.
What Are Some Typical Wrongful Death Claims Atlanta?
- The following are some of the grounds for a potential wrongful death lawsuit:
- A careless act or negligent, such as a drunk driver or speeding.
- A defective vehicle caused a truck or auto accident.
- Negligence of a company in the use of faulty vehicles or the enforcement of the safety regulations.
Can I File Both A Wrongful Death And A Personal Injury Claim?
Apart from the damages for wrongful death, you may seek compensation for the damages due to personal injury your loved one suffered. These claims are referred to as “survival actions.” They cover the conscious suffering, pain, and apprehension of the decedent before death. The damages for a survival action belong to the estate of the decedent.
What Damages Can I Recover In A Wrongful Death Claim Atlanta?
- The damages, which you can recover in a wrongful death lawsuit include:
- The immediate expenses related to the death, such as funeral and medical costs.
- Lost victim’s wages and expected earnings in future until the time of death or retirement.
- Lost benefits as a result of victim’s death, including medical coverage, retirement plans or pension, and other savings.
- Lost affection, love, emotional support and companionship to the survivors.
How Do I File A Personal Injury Or Wrongful Death Claim?
You should contact a wrongful death attorney and get the following information:
- Medical Costs –Ensure that you document all the medical expenses related to the injury that leads to the death of your loved one, including all hospital expenses.
Wrongful Death Claims Attorney Atlanta GA
Though taking serious legal actions might not be a priority for individuals who have lost their loved ones, it is always important that the survivors of a decedent hire the services of a wrongful death claims attorney immediately. Apart from emotional upheaval of having a family member pass away, most families also face significant financial burdens without the help of the deceased. Therefore, the compensation benefits offered by a wrongful death lawsuit might help in easing such financial problems.
Our wrongful death claims attorneys at Bobe & Snell have a great history of recovering compensation for our clients. They always work hard to ensure that they recover compensation that recognizes the value of the victim and assist the surviving loved ones in recovering from their losses.
So, anyone who has lost his or her family member unexpectedly should consider filling our free case review form now. Do that now and be sure that one of our experienced wrongful death lawyers will be ready to help.
Causes Of A Wrongful Death
Indeed, wrongful death happens when recklessness, negligence, or deliberate actions lead to fatality. “Negligence“ refers to a situation where a person fails to behave in a manner that a reasonably prudent individual would have behaved in the same situation. In order to determine that a wrongful death has happened, a lawyer must always prove that someone had a responsibility of caring for the victim, and their omission or act breached the standard of care, or their wrongful behavior was the direct (proximate) cause of the death or even injury suffered by a victim.
Common Causes Of A Wrongful Death
• Workplace accidents
• Medical malpractice
• Truck accidents
• Birth injuries
• Car accidents and many others
Wrongful Death Damages
Judges will consider various factors when establishing the damages that will be awarded to the survivor(s) of the victim. Some of the things considered include the relationship of the survivor(s) and the deceased, the value of the replacement of the services of the deceased, the amount of income of the deceased that is available for the survivors, and also the life expectancy of the parties.
Hire An Experienced Wrongful Death Claims Attorney
At Bobe & Snell, we have skilled and professional wrongful death claims attorneys who are ready to help our clients. We offer the best legal representation to our clients.
We are professionals in this field. We ensure any client that we represent recover compensation benefits that they deserve. Contact us today.
On-The-Job Death Claims Law Firm
According to the studies carried out by Occupational Safety and Health Administration in the U.S, over 4,600 employees are killed while doing their jobs in a typical year. On-the-job deaths are devastating, especially for the loved ones left behind. Also, the breadwinner`s death can have a significant financial effect on the stability of the affected family. That is when you need to hire an experienced death claims attorney.
In most instances, the workers’ compensation systems in some regions provide some limited death benefits to all survivors of employees killed in accidents that occur on-the-job.
At our law firm, we know that workers` compensation typically covers just a smaller percentage of the entire losses after a deadly on-the-job accident. That is why we are here to thoroughly investigate any workplace accidents with the aim of finding the responsible parties, and potential compensation sources.
Indeed, all survivors of the workers who die as a result of on-the-job accidents have a right to recover any damages from negligent property owners, manufacturers, insurance firms, and any other company that contributed to the accidents. The workers` compensation laws don`t protect these businesses and individuals, and many other non-employers. Therefore, it means that they can be required to pay some compensation in wrongful death lawsuits in case their carelessness contributed to the accident.
As the top professionals in the legal industry, we are devoted to examining all cases of our clients and identify the potential recovery sources. Our experienced lawyers have been helping all injured workers & their loved ones for many years. Give Bobe & Snell a call now, and be sure to get the best legal services.
Compensation Types Available For Death Claims
After a job-related wrongful death, two approaches which can provide compensation and benefits to the family members who survived are available. The options include filing wrongful death lawsuits or making workers` compensation death claims.
The workers` compensation benefits need to be available for all work-related deaths. In case an employee was killed while carrying out his or her job responsibilities, then the surviving family members can get death benefits from workers` compensation insurance company with just narrow exceptions. The compensation benefits can include ongoing income payments to their dependents, and coverage of all funeral expenses.
Pursuing Compensation After An On-The-Job Fatality
The process of getting the compensation benefits should be simple. However, insurance firms and employers sometimes can fail to follow the laws that protect their workers. In such as situation, obtaining the compensation benefits for death claims will become more complicated, particularly if one is denied the first claim. Because of that, an individual should make sure that he or she has a legal expert who is representing him or her to get the benefits that they deserve.
We are the best legal professionals in this field. Contact us now for quality legal services.
Death Claims and Workers Compensation
Deaths claims are formal requests filed by employees with work-related injuries for benefits. However, the worker’s compensation system is very different from lawsuits filed in the court. This is because the employee is not required by law to prove that the employer was at fault for the injury. Thus, the employee is entitled to receive benefits as long as the injury took place while the employee was performing a task related to work.
Who May File a Claim?
The employee who suffered injuries when carrying out a job-related task is the one eligible to file a claim. However, the employee’s spouse, children, or other dependants are allowed to file a claim for death benefits in case of job-related fatal injury. In this justification, the main objective of death claims benefits is to compensate the employee’s dependants. Moreover, the family members can get a small sum to take care of the burial and funeral expenses.
How to File a Claim
After filing a claim, the insurance company has three decisions to make. These include accepting the claim, challenge the claim, or ask for more time to collect information. Thus, you should now prepare to challenge the company if the claim is not accepted.
However, to ensure that your claim is easily accepted, you should ensure that you notify the employer of your injury shortly after it happens. This is because many states have a fixed amount of time within which the employee should have reported an injury. In this regard, the state of California has fixed a 30-day timeframe for the employee to report. The other states require you to report the injury when it is practical, as they do not have a specific deadline.
In most cases, you will be required to follow a special format when notifying the state agency or your employer of the injury. However, a written notice is required in some states such as California and New York. In addition to that, it is good to provide a written notice and ensure that you keep a copy for reference. You will need to fill an official claim in some states such as California, Illinois, and New York.
Getting a Response
Receiving a response can take some time. This is because most employers get workers’ compensation policies through insurance companies. However, large employers are self-insured and thus they can take relatively a short time to give a response. Consequently, the insurance company handles the processing of your claim after being notified of the injury.
The company starts sending you temporary disability benefits weekly if your claim is accepted. However, if the claim is challenged, then the company sends you a letter stating the specific grounds for the denial.
Conclusion
If your claim is challenged, you will be required now to file an appeal with state’s workers’ compensation agency. This paperwork is normally referred to as an appeal petition. This shows that workers’ compensation claims can be tricky as insurers fight to avoid paying the benefits.
Death Claims
The main aim of the workers’ compensation death claims is to compensate the people who have suffered a loss. Do not hold back, get the help of experienced lawyers and have peace of mind. This is how workers compensation attorneys help with death claims. 470.268.5802.