You lost a loved one in an accident in Atlanta, Georgia due to the negligence of another party. Now what? Do you need an Atlanta wrongful death attorney to help you seek compensation for your loved one’s loss? How do you know if you need a wrongful death attorney? Carefully consider how these key elements may impact your need to hire an attorney.
Types of Wrongful Death Cases
In general, you have the right to file a wrongful death claim in Atlanta any time the negligence of another party causes your loved one’s death. However, common wrongful death cases include:
Car accident claims
Medical malpractice claims
Workplace accident claims
Defective product claims
Who Handles a Wrongful Death Claim?
The closest family members to the deceased have the right to file a wrongful death claim. First, that means the spouse of the victim. If the victim was not married, the victim’s children may have the right to file a wrongful death claim. In a case where the victim had neither spouse nor children, the victim’s parents may have the right to file a claim.
Finally, in some cases, the deceased might not have a living spouse, child, or parent. In those cases, sometimes, the victim’s estate can file a wrongful death claim in order to pursue compensation for the deceased’s final expenses.
Once the family of the deceased has filed a wrongful death claim, the family can decide how to distribute the funds from that claim. The family typically only has the right to file one claim, regardless of how many people were impacted by the deceased’s loss.
When is It Viable to Prove Negligence? What Elements Do You Have to Prove?
In order to file a wrongful death claim, the victim’s family–and, typically, their attorney–will need to prove several key things. First, they will need to prove that the liable party bore a duty of care to the victim at the time of the accident. This may, for example, mean a business or property owner, or it may mean a driver out on the road. Next, they will need to show that the liable party committed an act of negligence that led to the victim’s injuries and, ultimately, death. Sometimes, it can be difficult to prove negligence in an accident. In other cases, however, an attorney can help collect the evidence needed to prove that the liable party committed that act of negligence. This may include:
Car accident scenarios, especially if the liable party ignored the rules of the road, chose to speed, or used a cell phone or engaged in another distraction while driving
Workplace accidents in which the employer deliberately put the deceased in a dangerous position or did not provide needed safety gear
Premises liability accidents, including situations in which the liable party failed to properly maintain the property
Product liability accidents, in which a defective product caused serious injury that ultimately resulted in the victim’s death
Medical malpractice incidents in which the medical care provider clearly committed an act of negligence that resulted in the victim’s death
If you have questions about how to prove liability for the loss of a loved one, a wrongful death attorney in Atlanta, Georgia can help answer your questions and give you a better idea of how to prove negligence.
Do You Qualify to Sue?
Did you lose a loved one due to the negligent actions of another party? If so, you might have the right to file a wrongful death claim. However, many people ask one question: Do I have the right to sue? Consider these questions as you determine whether you may have the right to file a wrongful death claim in Atlanta.
Did someone else’s negligence cause the loss of your loved one?
The first question you must ask in determining whether you may have the right to file a wrongful death claim after the loss of a loved one is, “Did your loved one’s death occur as a direct result of another party’s negligence?” Dealing with the loss of a loved one for any reason can prove extremely painful. In addition to the emotional loss, you may find yourself struggling with significant bills that you must deal with. However, in order to file a wrongful death claim, you will need to show that another party’s negligence caused the loss of your loved one. If your loved one’s own behaviors or actions led to his death, you may not have grounds for a claim.
What is your relationship to the deceased?
In order to determine whether you have the right to file a wrongful death claim, your attorney will take a look at your relationship to the deceased. If someone else has a closer familial relationship to the deceased, that party may have the right to file the claim–and you may have to deal with that party in order to determine whether you will receive any compensation. For example, if you lost a parent in an accident, but your parent was married at the time of their death, the surviving spouse may have the right to determine whether the family will file a wrongful death claim, and the spouse may decide how to distribute any funds from that claim.
What is the Statute of Limitations for Wrongful Death Claims in Atlanta?
In order to file a wrongful death claim, you must move forward with your claim before the statute of limitations runs out. Georgia law allows two years for you to file a wrongful death claim for the loss of a loved one. However, some exceptions exist that can change the statute of limitations, including whether there is an open criminal case that involves the same events as the wrongful death claim.
Do You Need a Wrongful Death Attorney in Atlanta, Georgia?
If you have lost a loved one due to someone else’s negligence, an Atlanta wrongful death attorney can help your family seek the compensation you deserve. Contact us today to learn more about how we can help you move forward with your claim.
