The wrongful death of a loved one is one of the most difficult experiences a person can endure. Not only does it involve emotional trauma, but it can also bring many unexpected expenses including medical and funeral costs. Rather than having to shoulder these costs on your own while trying to heal, the decedent’s loved ones may be entitled to compensation through a wrongful death claim.
If you recently lost a loved one to someone else’s negligent or criminal actions in Roswell, Georgia, a Roswell wrongful death lawyer can work on your case. An attorney can help you deal with difficult circumstances in the wake of your loved one’s passing by compiling evidence for a wrongful death lawsuit, and fighting for compensation you may be entitled to in court if necessary.
To learn more about your options regarding a wrongful death claim, reach out to the team from Bader Scott Injury Lawyers at (404) 888-8888. Our team offers free consultations.
Types of Wrongful Death Cases
As with personal injury cases, wrongful death claims may result from different circumstances. In general, they center on individuals who pass away due to someone else’s negligent actions or inactions.
A wrongful death does not always occur immediately. In some cases, a victim may pass away after succumbing to his or her injuries sometime after the incident in question. Either way, the victim’s family may be entitled to pursue compensation for the loss of their loved one. A wrongful death can occur due to circumstances including:
- Medical malpractice: such as during a birth or surgical procedure.
- Vehicle collision: involving a car, truck, motorcycle, bike, or pedestrian.
- Workplace incident: often involving unsafe work conditions or procedures.
- Slip and fall incident: that occurs on another individual’s property due to negligence.
- Dog bite: either related to the immediate tearing or puncturing wounds, or to a fatal infection that results.
- Criminal activity: including physical assault or homicide.
For a free legal consultation with a wrongful death lawyer serving Roswell, call (404) 888-8888
Proving Liability in a Wrongful Death Claim
A wrongful death claim falls under civil law, rather than criminal. This means that instead of prison time for the at-fault party, filing this type of claim allows the loved ones of a victim to seek financial retribution for the wrongful death. Though a judge may acquit the accused party of wrongdoing in criminal court, it is still possible to secure compensation you may be entitled to in civil court.
To do so, the victim’s family must be able to prove liability. Since these cases often occur in addition to criminal proceedings, the requirements are different. In particular, the burden of proof is lower in a wrongful death civil case.
Wrongful death attorneys still rely on similar forms of evidence to prove both criminal and civil cases. For example, a Roswell wrongful death lawyer may use the following types of evidence to support your claim:
- Video surveillance from the accident scene
- Photographs of the scene or injuries
- Police reports of the accident
- Medical records documenting the injuries
- The coroner’s report containing cause and manner of death
- Eyewitness testimony
- Expert testimony
To learn more about what you may need to build a wrongful death case, contact Bader Scott Injury Lawyers. You can reach our team at (404) 888-8888 for a free consultation.
Possible Damages Awarded in a Wrongful Death Case
The compensation you may be entitled to receive in a wrongful death case includes many of the same damages you could potentially pursue in a personal injury claim. For example, you may seek repayment to cover the costs of treatment and health care of your loved one received before he or she passed.
According to Georgia Code § 51-4-5, you may be able to seek compensation for funeral and burial costs, and any other expenses related to the decedent’s passing. You may also pursue what Georgia Code § 51-4-1 refers to as “the full value of the life of the decedent.” This may include any wages and monetary benefits he or she would likely have earned throughout the remainder of their life, as well as intangible losses such as loss of companionship.
Roswell Wrongful Death Lawyer Near Me (404) 888-8888
Filing a Wrongful Death Lawsuit in Roswell
Based on Georgia Code § 51-4-2, a surviving parent, spouse, or child of the victim can file a wrongful death lawsuit. In the event that the surviving spouse passes before the outcome is decided, the case can continue with any children.
If the decedent has no surviving family members qualified to pursue a wrongful death action, an executor may pursue the case and hold the award for their next of kin.
From the date of your loved one’s passing, you generally have two years to file a wrongful death lawsuit according to Georgia Code § 9-3-33. Certain circumstances may increase or decrease this statute of limitations, so consider reaching out to a lawyer to find out more as soon as possible.
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How Bader Scott Injury Lawyers can Help
Dealing with a wrongful death case in the wake of losing a loved one is not easy. It may require evidence such as medical records and footage of the accident to prepare a claim. If you need help assembling these elements while going through the grieving process, consider seeking out a Roswell wrongful death lawyer.
A wrongful death attorney can help handle aspects of your case that may be difficult for you and your family. He or she can review and compile evidence and present the case to an at-fault party’s insurance provider on your behalf. This way, your family can focus on healing after your loss.
For a free case evaluation, contact the team from Bader Scott Injury Lawyers. Our firm takes on wrongful death cases in the Atlanta area to help victims’ families get the compensation they may be entitled to. Call (404) 888-8888 to schedule your consultation.