You may feel depressed if you lose a loved-one unexpectedly, especially if negligence was the cause of death. You may be more concerned with ensuring that your loved one has the final wishes they wanted, but you should speak to a Atlanta Wrongful Death Attorney immediately. We can help you get compensation while you deal with your loved one’s affairs, grieve and handle the funeral arrangements. The money may not bring your loved back but it can help reduce the financial strain most people experience after the loss of a loved.
How to File a Case for Wrongful Death in Georgia
The period immediately following the death of a family member can be stressful. While you may not want to think about a lawsuit at this time, it’s the ideal time to hire an Atlanta wrongful-death attorney. Georgia law allows up to two years from the date your loved one died before bringing a lawsuit. The evidence your attorney needs to prove that negligence led to the death of your loved ones tends disappear within a few weeks.
Weather can damage evidence and defendants may destroy it intentionally or inadvertently. Even police officers can destroy evidence accidentally by leaving their vehicle out in the weather. If the Atlanta wrongful-death attorney to begin helping you. The following are some of the ways to collect evidence:
- Visit the accident site.
- Take photos of the product, vehicle or circumstance that led to your loved one’s death.
- How to obtain police reports
- How to obtain medical records
- If available, obtain documentation or logs from emergency medical personnel.
- Speak to witnesses informally or formal (at a sworn deposition).
- You can request any documentation from the person or entity who is alleged to be responsible for your loved one’s demise.
After the investigation team has gathered all the evidence, they can write a letter of demand to the insurance companies, or if the defendants are not insured, then the defendants themselves.
The Demand Letter
The demand letter outlines the facts of the case and asks for a settlement figure. The defendant is given a set number of days in which to respond. We will file a suit if the defendant does not respond. Most defendants, however, seek legal advice and reply to the demand letter.
Rarely, a defendant will accept your claim. Most of the time, the defendant (usually the insurance company) denies or lowers the settlement amount. We can file a suit if the defendant denies you claim.
You can accept, reject, or counter the counter of the defendant if the defendant makes a counteroffer. Your Atlanta wrongful-death lawyer can help you determine the best course of action.
Atlanta Wrongful death compensation
You can recover punitive and compensatory damages if you lose a loved due to the actions or inactions of another. In an effort to restore your financial well-being, the court awards compensatory damages. In most wrongful death lawsuits, plaintiffs recover both economic and non-economic damage.
You can also claim punitive damage if you can prove that the defendant’s actions were “clearly and convincingly” wanton, oppressive or fraudulent or that they showed “an entire lack of care”.
The money won’t bring your loved one back, but it will reduce the stress you feel from financial losses.
Economic Damages
Economic damages are sometimes referred to by the term special damages. They have a monetary amount. You could recover the following in wrongful death trials or settlements:
- Medical costs
- Therapy costs
- All home health, rehabilitation or nursing home services your loved one received prior to his/her death.
- Repair or replacement of damaged or destroyed personal property
- Loss of earning potential
- Funeral costs, cremation fees, burial costs, and certain court costs. You can also recover the costs and fees of your probate attorney.
Non-Economic damages
Non-economic damages are also known as general damages. They do not have any monetary value.
- The term “pain and suffering” includes emotional distress.
- Loss of companionship and consortium
- You may find it inconvenient to have to hire someone else to perform the tasks that your loved one used to do, such as grocery shopping, lawn care, home maintenance, repair and cleaning.
Punitive Damages
Only in cases of gross negligence, intentional acts or inactions or deliberate actions by the defendant will a court order punitive damages. Punitive damages are more difficult to get, but they’re worth it in some cases.
Georgia limits punitive damage in some circumstances. Your Atlanta wrongful-death attorney can inform you about the laws regarding punitive damage and whether or not your case is eligible to receive them.
Settlement or trial?
Most cases are settled out of court. Settlement negotiations can take a few months or several months. A court case can take from a couple of months to more than a year. Insurance companies don’t like going to court because it costs more than settling for a fair settlement.
We will work tirelessly to get you the compensation that you deserve, no matter what the outcome of your case.
Contact an Atlanta Wrongful death Attorney
After a wrongful-death accident or incident, the time following is usually stressful. You take unexpected steps to ensure your loved one’s wish are fulfilled and go through the grief process. You might not want to deal with a wrongful-death case, but it’s important that your case be started as soon you can. We will make this the least stressful aspect of a difficult time.
If you have lost a family member due to a car accident or other personal injury incident, please contact an Atlanta wrongful-death attorney for a case evaluation.
The article How an Atlanta Wrongful death attorney can help first appeared on Attorney at Law Magazine.