Do I Need a Wrongful Death Lawyer?

By law, you don’t need a wrongful death lawyer. However, if you decide to handle your case alone, you have to manage every single aspect of your case while grieving.

Tasks You’ll Need to Handle Without a Wrongful Death Attorney

Filing a wrongful death claim is a complex process that requires careful attention to detail and adherence to legal procedures. Below is a detailed explanation of the tasks you’ll need to handle if you pursue a claim without an Atlanta wrongful death lawyer:

Understand Your Eligibility

Before anything else, it’s essential to determine if you are eligible to file a wrongful death claim. In Georgia, spouses, children, and parents are eligible. Knowing your eligibility will ensure you have the standing to file the claim.

Gather Evidence

You will need to collect crucial documents that support your claim. These include: 

• The death certificate
• Proof of your relationship to the deceased
• Any evidence of financial support or contribution the deceased made to you

You must also gather evidence establishing how another party’s negligence caused your loved one’s passing. The evidence differs by accident but could include: 

• The accident report
• Eyewitness testimony
• Maintenance history
• A driver’s record
• Drug or alcohol test results
• A driver’s hours-of-service log
• Information from the Event Data Recorder (EDR)

Determine and Act Within the Statute of Limitations

Each state has its statute of limitations for wrongful death lawsuits, defining the window within which you must take action. Missing this deadline can result in losing your right to file forever. Therefore, it’s vital to determine the applicable statute of limitations in your state as soon as possible. You only have two years to file in Georgia, per O.C.G.A. § 9-3-33. If you file without legal representation, you must understand and manage this deadline on your own.

Calculate Damages

Understanding and calculating the damages you’re claiming is a critical step. Damages in wrongful death cases can include: 

• Medical expenses incurred before your loved one’s passing
• Funeral and burial costs
• Loss of income and benefits
• Loss of companionship
• Pain and suffering

You could lose thousands if you don’t know what damages you can recover and what they’re worth.

File the Wrongful Death Claim

You’ll need to draft and file a complaint in the appropriate court. This document outlines your relationship to the deceased, how the defendant’s wrongful act caused your loved one’s passing, the damages you seek, and any other relevant legal claims. Without a lawyer, you must ensure all necessary legal procedures are followed.

Prepare for Litigation

In some cases, you may need to go to court. One part of litigation you’ll need to handle is discovery, where both parties exchange information and evidence related to the case. You may need to participate in depositions, submit additional documents, and develop a strong case strategy.

Negotiate a Settlement or Go to Trial

Many wrongful death claims are settled out of court. To avoid court, you can negotiate with the defendant’s insurance company or legal representation to reach a fair settlement. If a settlement cannot be reached, your case may go to trial, where a judge or jury will hear your case and make a decision.

Filing a wrongful death claim involves navigating a series of complex legal steps. From understanding your eligibility to negotiating a settlement or preparing for trial, each task requires careful consideration.

For a free legal consultation, call (404) 888-8888

Wrongful Death FAQs

What to Look for When Choosing a Wrongful Death Lawyer

Choosing the right wrongful death lawyer can seem difficult, especially because you have so many options. Knowing what to look for can make all the difference. Here are the key factors you should consider:

• Experience and Success: Look for a lawyer who focuses on wrongful death cases and has a proven track record of success. Experience in this specific area means they’ll be familiar with the nuances of the law and effective strategies for your case.
• Compassion and Understanding: Your lawyer should not only be a legal advocate but also a source of support. Choose someone who demonstrates compassion and understands the emotional weight of your situation.
• Reputation and Reviews: Research potential lawyers online, looking for reviews or testimonials from previous clients. A lawyer’s reputation among peers and clients can provide insight into their professionalism and effectiveness.
• Communication Skills: Effective communication is key to a successful attorney-client relationship. Your lawyer should be accessible, responsive, and able to explain complex legal concepts in understandable terms.

Choosing the right wrongful death lawyer involves assessing their experience, compassion, reputation, communication skills, and fee structure. This careful selection ensures you have a dedicated and capable advocate on your side.

Can I Afford to Hire a Wrongful Death Attorney?

Concerned about the costs of hiring a wrongful death lawyer? You don’t need to do. Wrongful death lawyers often work on a contingency-fee basis. This means you don’t pay any upfront fees or hourly rates.

Instead, our team handles cases without a retainer and charges no upfront or hourly fees. You only pay us if we recover compensation. 

This arrangement makes legal representation accessible, as it aligns the interests of you and your lawyer towards achieving the best possible outcome. Essentially, it ensures that anyone, regardless of financial standing, can afford to seek justice and compensation for their loss without the burden of initial legal fees. It also ensures that your attorney is fighting as hard for your case as you are. 

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Call Us Today to Get Help from Our Wrongful Death Lawyers

While you don’t need a wrongful death lawyer under Georgia law, you shouldn’t try to handle this process on your own. This is especially true when you have so many other things on your mind. You deserve to have the time you need to grieve, make plans, and spend time with your family. 

Let our personal injury lawyers handle your case on your behalf. Call Bader Scott Injury Lawyers today for help.

Call or text (404) 888-8888 or complete a Free Case Evaluation form