An Atlanta wrongful death lawyer can provide compassionate support and legal guidance to your family after the tragic loss of a loved one. When a family member’s death is the result of someone else’s negligence or misconduct, the legal process can feel overwhelming to a grieving family. With their assistance, you receive an advocate who understands the legal process, will protect your family’s rights, and can seek the fair compensation your family deserves.
By handling legal matters, your wrongful death lawyer allows your family to focus on healing together in peace. Additionally, your attorney can clarify any questions you have about your case and provide constant updates.
What to Expect From a Wrongful Death Lawyer
A wrongful death lawyer plays a crucial role in helping your family navigate the legal process. Understanding the specific ways in which a lawyer can assist can provide clarity during a difficult time.
Legal Representation
A wrongful death attorney brings extensive knowledge of the laws surrounding wrongful death claims. This knowledge ensures that your case is handled according to the latest legal standards. An attorney will guide you through each step, from filing the claim to representing your interests in negotiations or court proceedings.
Handling the Wrongful Death Investigation
One of the key responsibilities of a wrongful death lawyer is conducting a thorough investigation. This involves gathering evidence, interviewing witnesses, and collaborating with experts to build a strong case.
Evidence will depend on how your loved one passed, but may include:
- Incident or police reports
- Medical records
- Accident scene photos
- Video footage
- Pay stubs and financial records
A lawyer’s ability to compile and present this evidence effectively is essential to proving liability and securing compensation. In essence, the evidence they collect must establish the four elements of negligence:
- Duty of Care: The defendant’s responsibility to your loved one’s safety and health
- Breach of Duty: The action or inaction the defendant made
- Causation: The accident that lead to your loved one’s death
- Damages: The hardships your family now faces
Once your personal injury attorney can prove those four elements, they have the grounds to demand fair compensation from the liable party to your loved one’s death.
Negotiating a Fair Settlement From the Insurance Companies
Insurance companies often seek to minimize payouts during the claims process, including wrongful death cases. A wrongful death lawyer negotiates directly with these companies on your behalf, striving to reach a settlement that reflects the true value of your loss. Their knowledge of insurance tactics ensures that your family is not taken advantage of during this process.
Your wrongful death claim will reflect the damages your family has incurred as a result of losing your loved one. They may include such items as:
- Medical Bills: Costs incurred for the deceased’s medical care before death.
- Funeral Expenses and Burial Costs: Expenses related to funeral services and burial or cremation.
- Loss of Income: Compensation for the financial support the deceased would have provided.
- Loss of Benefits: Loss of benefits that the deceased would have contributed to the family, such as health insurance or retirement funds.
- Pain and Suffering: Compensation for the emotional distress and mental anguish experienced by surviving family members.
- Loss of Companionship: Damages for the loss of love, care, guidance, and companionship the deceased provided.
- Loss of Inheritance: Potential loss of inheritance due to the premature death of the deceased.
In some rare cases, your family may be awarded additional damages, known as punitive damages. These damages are to punish the at-fault party for particularly reckless or egregious behavior.
Providing Emotional Support and Stability
While the primary role of a wrongful death lawyer is legal representation, they also offer your family emotional support by managing the complex legal aspects of your personal injury claim. This support allows you to focus on grieving and healing, knowing that your legal rights are in capable hands.
Ensuring Timely Action
There are strict deadlines, known as the statute of limitations, for filing wrongful death claims. A wrongful death lawyer ensures that all paperwork is filed promptly and that your case moves forward within the required time frame. This diligence protects your right to seek financial compensation.
Under O.C.G.A. § 9-3-33, families have two years after their loved one’s death to file a wrongful death lawsuit. If they miss this deadline, they will be barred from filing and will lose the right to sue the liable parties. The right to sue is crucial leverage during negotiations with the insurance companies. Without this right, you may be forced to accept whatever settlement the insurance companies offer.
For a free legal consultation, call 404-214-2001
Selecting the Best Wrongful Death Lawyer for Your Case
Choosing the right wrongful death lawyer is a crucial step in seeking justice for your loved one and ensuring your family’s legal rights are protected. It’s important to consider several key factors:
- Experience in Wrongful Death Cases: Personal injury lawyers with a proven track record in this practice area will be more familiar with the nuances of these cases, including the legal standards required to prove negligence and the strategies that are most effective in securing compensation.
- Understanding of Your Family’s Needs: Choose a lawyer who demonstrates a genuine understanding of your family’s specific situation. Look for someone who listens carefully, answers your questions clearly, and shows compassion for your loss.
- Transparent Communication: The right law firm should keep you informed at every stage of your case, explaining legal concepts in terms you can understand. They should also be accessible, returning calls and emails promptly, and providing regular updates on the status of your case.
- Client Testimonials and Reviews: Look for feedback from previous clients who had similar cases. Positive reviews that highlight successful outcomes, strong communication, and supportive client relationships can indicate a lawyer’s reliability and effectiveness.
- Fee Structure and Affordability: Many wrongful death lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Be sure to discuss fees upfront, including any additional costs that might arise during the legal process.
Get the Help Your Family Deserves With Kaine Law
Kaine Law is here to help your family. We’ll fight to secure the fair compensation your family deserves. We work on a contingency fee basis, so you won’t pay any legal fees unless we win your case. Let us handle the legal challenges while you focus on healing.
Call today for a free consultation to discuss how we can help your family during this difficult time.
Call or text 404-214-2001 or complete a Free Case Evaluation form
