Wrongful Death Claims Atlanta
Losing a loved one in a fatal accident or circumstance caused by someone else’s negligence can be quite heartbreaking and devastating. You may be asking yourself too many questions about this unfortunate incident, and how you plan to seek justice. On top of grief and planning for a decent sendoff for your loved one, a lot may be going through your mind, including administering of will, intestate succession, and filing a wrongful death claims Atlanta to seek compensation and hold the at-fault party responsible for the death.
No one prepares for a sudden loss of a loved one, like in the case of wrongful death of a family member nor can you prepare to shoulder the financial and emotional burden that results from the death.
The wrongful death attorneys at Bobe & Snell Law Office LLC understand that you have gone through a very difficult moment emotionally and financially trying to cope with the loss of your loved one, especially if he or she was the family’s breadwinner.
For more than 25 years, we have successfully represented families seeking compensation for the wrongful death of their loved ones in Atlanta, Alpharetta, Woodstock, and throughout Georgia. When you choose our law firm to represent you, we will fight aggressively to hold the party or parties responsible for the death of your loved responsible and ensure you get the monetary compensation that you deserve.
Should you pursue compensation for a wrongful death
Maybe you are still not sure whether you should pursue compensation for the wrongful death, and wondering how you can handle everything involved when filing such a claim/case. Perhaps, it might be the first time you’re hearing of wrongful death claims.
Don’t worry because you can consult our attorney free of charge who will review your case, answer your questions, and devise the best approach to help you navigate the complex legal system.
What Must Be Proven?
Any family member or the estate of the deceased who want to file a successful claim against a person or entity who caused the wrongful death of their loved one must meet the burden of proof similar to what the victim would’ve had to meet if he or she was alive.
Therefore, if we take negligence as an example, you must demonstrate that the defendant owed the deceased a duty of care, the breach of this duty and how it directly caused the death, and the damages relating to the wrongful death of your loved one that you want to recover.
To win a wrongful death claims Atlanta, you will have to show that the defendant breached the duty of care that he or she owed to your loved one, leading to wrongful death, and as a result, you suffered damages, which you seek to recover.
Our wrongful death attorney can help you establish the four key elements considered in a wrongful death claim.
Elements of a Wrongful Death Case
You will only recover damages in a wrongful death claim if you can prove the basic four elements of the case. You must prove all the four elements to win your case and get a settlement, otherwise, you may not be entitled to get compensation.
Duty of Care
First and foremost, you must demonstrate the duty of care that the defendant owed to your deceased loved one. In other words, you should show that the defendant was reasonably expected to exercise some level of care.
For instance, it could mean a driver following traffic rules, or a doctor making an accurate diagnosis, ordering the right tests, and administering the correct treatment.
Breach of Duty of Care
You must demonstrate that the defendant breached the duty of care that he or she owed to the deceased. For example, a driver may have driven while drunk or run a red light.
A doctor may have ordered a wrong test that could have led to misdiagnosis. They might have got it wrong in interpreting test results or prescribed a medication that is not meant for treating a certain condition, or have adverse side effects when it interacts with a drug that your loved one already took.
Next, your lawyer will help you to gather evidence to show how the defendant’s breach of the duty of care cost your loved one’s life. For instance, the attorney can help you demonstrate that the driver’s dangerous and negligent actions caused the death of your family member.
When it comes to medical malpractice, a wrongful death lawyer Atlanta could demonstrate that the misdiagnosis of your loved one’s condition led to delayed care or provision of inappropriate treatment. This untimely or inappropriate treatment led to the wrongful death of your family member.
Finally, a wrongful death lawyer can help you demonstrate the damages you suffered due to your loved one’s death. You could receive compensation if you depended on the deceased’s income to cover bills. You might also recover other damages, including medical bills and funeral expenses.
Furthermore, the court may award you damages for the intangible losses incurred after losing your family member. You may also be awarded compensation for the loss of love, affection, companionship, and support that your deceased loved one – whether your spouse, parent, or child – used to offer you.
Who Can File a Wrongful Death Claim?
The representative of the deceased’s estate is usually the one entitled to file a wrongful death claim Atlanta on behalf of the family/survivors who’re related to the victim. States have different statutes that determine who exactly those survivors are.
In all states, a spouse has a right to bring a wrongful death action on behalf of his/her deceased spouse. In the case of a parent who has lost a child in wrongful death, he or she may bring a claim against the liable party. Likewise, children may be entitled to seek compensation for the wrongful death of their parent(s).
States’ laws vary on whether parents can sue on behalf of their deceased adult child, whether adult children can bring a claim for the wrongful death of their parent(s), whether grown siblings can file a claim on behalf of their deceased sibling, or whether extended relatives like grandparents, uncles, aunts, or cousins can file a wrongful death claim for compensation.
Usually, it will be much harder for those who are not closely related to the deceased to seek and recover damages in a wrongful death case.
In some states, a fiancée of the deceased may file a wrongful death claim (in other words, marriage is not a requirement), and even anyone else who can show that he or she depended on financial support from the deceased.
Wrongful Death Claims Atlanta
If you lost a loved one due to someone else’s negligence, you may be entitled to bring a wrongful death claims Atlanta against the at-fault party. Contact Bobe & Snell Law Office LLC today to schedule a free consultation with our wrongful death attorney.
Call us now at (470) 268-5802 or fill out our online contact form.
Wrongful Death Claims Atlanta