Wrongful death lawsuits may come after the criminal trial, using same evidence, but are held to a lower standard of proof. Call us today at 470.268.5802 should you need an experienced Atlanta wrongful death lawyer.
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Each state has a civil procedures and guidelines for bringing wrongful death lawsuits. Call us today at 470.268.5802 as soon as possible to discuss your legal rights and potential case.
Atlanta Wrongful Death Lawyer
Need an Atlanta Wrongful Death Lawyer?
If someone is killed or dies due to the misconduct or negligence of another, the survivors can sue for “wrongful death.” You can hire an Atlanta wrongful death lawyer at Bobe & Snell, LLC to help you seek justice for your loved one. These lawsuits seek compensation for the loss of the survivors, such as funeral expenses, lost companionship, and lost wages from the deceased.
A wrongful death claim Atlanta exists when a person dies due to another person’s legal fault. That individual could be a bartender who served alcohol to a drunk driver or the driver at fault in an auto accident, among others.
While wrongful death statutes vary from state to state, they generally define who may sue for the wrongful death and if limits may be applied to the damage award. Primarily, wrongful death statutes were created to offer financial support for orphans and widows.
Who Can Sue For The Wrongful Death?
State laws provide for the recovery by a surviving spouse, children, immediate family members, and even the parents of the deceased fetus. It depends on wrongful death statute of your state. The personal representative of the decedent’s estate usually brings a lawsuit for wrongful death.
Each state has a civil “wrongful death statute,” or set of statutes, that establishes the procedures and guidelines for bringing wrongful death lawsuits.
The personal representative also brings lawsuits for conscious pain and suffering, personal injury, or expenses incurred before the death of the decedent. The damage awards from these lawsuits belong to the estate and may pass to various parties as the decedent’s will directs.
Wrongful Death Lawsuits After Criminal Trials
Wrongful death lawsuits may come after the criminal trial, using same evidence, but are held to a lower standard of proof. For instance, the criminal and civil trials of O.J. Simpson, ex-football star. He was not found guilty of murder since they could not find him guilty beyond a reasonable doubt. However, the civil jury found him responsible for the wrongful deaths of two victims.
How to Prove Wrongful Death
To bring a successful wrongful death lawsuit, the plaintiff must show the following:
- Caused by the negligence of another, or with the intention of causing harm;
- The death of a person;
- The survival of family members who’re suffering monetary injury as a result of the wrongful death, and;
- The appointment of the personal representative for the estate of the decedent.
Wrongful Death Damages
Financial, or pecuniary, the injury is the primary measure of damages in a wrongful death lawsuit. Courts interpret “pecuniary injuries” as including the loss of services, support, medical and funeral expenses, and lost the prospect of an inheritance.
Many laws provide that any damages awarded for the wrongful death shall be fair compensation for the pecuniary injuries due to the death of the decedent. If the distributees paid or are responsible for the medical care or funeral of the decedent, they may recover those expenses as well. Finally, the damage award will include the interest from the date of the decedent’s death.
Considerations When Hiring an Atlanta Wrongful Death Lawyer
As with many lawsuits, few wrongful death lawsuits are tried before a jury. Due to the expense of litigations, attorneys often work out settlement deals to avert costly trials. Atlanta Wrongful Death Lawyer can negotiate better plea bargains than the defendant could get on his or her own.
If your loved one has died after an injury or accident caused by the misconduct or negligence of another person, entity, or company, contact an Atlanta Wrongful Death Lawyer. You may be entitled to bring a lawsuit for wrongful death against the responsible parties.
Atlanta Wrongful Death Lawyer
In light of the lawsuit filing deadlines, you should contact an experienced Atlanta wrongful death lawyer at Bobe & Snell, LLC as soon as possible to discuss your legal rights and potential case. Call us today at 470.268.5802 or fill out our online contact form to schedule a FREE consultation.