When someone you love dies due to someone else’s negligence, you may find yourself dealing with challenges. Not only have you lost a loved one, but you may also have substantial expenses: their medical bills and funeral costs, replacing their income, or replacing the services they provided for your family.
If you lost a loved one due to another party’s negligence or wrongful act, you may have grounds for a wrongful death claim. The funds from that claim will not bring back a loved one, but they can make it easier to cover the expenses that pile up after their death. Contact The Champion Firm today at (404) 596-8044 to set up your free consultation or learn more about the options available to you.
Highly Qualified Legal Help for Your Wrongful Death Case
When you lose a loved one, you may struggle to know where to turn in many areas of your life. Fortunately, The Champion Firm can help you make your way through the legal claims process, dealing with insurance companies, and seeking compensation for the loss of your loved one. At The Champion Firm, we have substantial experience in a wide range of personal injury cases, and we bring that experience to every case we handle. While our past results cannot guarantee you will receive compensation for your loved one’s loss, we take pride in our past results:
- More than $2,000,000 to the family of a man killed in a car accident
- A substantial settlement for a client’s family after a deadly ambulance incident
- $1,000,000 for a client run over by a tractor-trailer
Understanding Wrongful Death Cases
When you lose a loved one due to someone else’s negligence, you may have many questions. How will the process go? Who can file a wrongful death claim? How long does it take to litigate a claim? Our answers to some of our clients’ top questions follow below.
What types of accidents lead to wrongful death claims?
Wrongful death claims are usually appropriate anytime someone dies as a result of an accident that would have resulted in a personal injury claim had the victim not died. These may include:
- Construction accidents
- Auto accidents
- Product liability accidents
- Medical malpractice
- Nursing home abuse
- Premises accidents, including slips and falls
Wrongful death can occur during many different types of accidents. The damage suffered by the victim may depend on the accident itself as well as other conditions the victim already had: For example, a victim with heart damage may suffer higher susceptibility to death due to an auto accident. You do have grounds for a wrongful death claim even if the accident did not immediately claim the life of your loved one, as long as their death stemmed directly from the accident—for example, if your loved one succumbed from injuries after a stay in an intensive care unit.
Who Can File a Wrongful Death Claim?
To file a wrongful death claim in Georgia, you must be related to the deceased; for example, unmarried partners, friends, or colleagues cannot file wrongful death claims. Typically, wrongful death claims are filed on behalf of:
- The spouse of the deceased
- Children of the deceased
- Parent(s) of the deceased
- The deceased’s estate
A personal injury attorney experienced in Georgia wrongful death law can help you better understand what a claim would look like in your case, potential damages, and how a court might award damages depending on the status of survivors of the deceased.
What Damages Can You Claim in a Wrongful Death Case?
When you face the wrongful death of a loved one, you may find yourself wondering what compensation you can claim. What you will ultimately receive varies based on many factors: who caused your loved one’s death, how the responsible individual contributed to that death, and the extent of the insurance policy associated with the claim. Damages for wrongful death include both a financial component (for example, income lost but for the death of the deceased) and a noneconomic component (for example, the “value” of the life of the deceased). Calculating, proving, and collecting damages in wrongful death cases can present complex challenges; an attorney can help you understand the best way forward for your individual case.
What Tactics Do Insurance Companies Use to Decrease Payments?
Often, the party or company responsible for your loved one’s death sends the claim to their insurance company. The insurance company will want to avoid as much financial responsibility as possible. The company or adjuster may:
- Attempt to prove that someone or something else caused your loved one’s death, especially if they did not die immediately from the accident
- Provide a low compensation offer that fails to reflect the damages suffered by the loss of a loved one
- Try to prove that your loved one’s medical expenses did not climb as high as you claim, or that those medical expenses related to other factors, not necessarily to the accident
An experienced attorney will anticipate those tactics and know how to counter them.
Is a Lawyer Worth the Investment?
If you lost a loved one to a wrongful death, an attorney can help you move through the process and acquire the financial compensation you deserve. After a wrongful death accident, a lawyer can:
- Help you determine who bears liability for the loss of your loved one.
- Help you file the claim and deal with the insurance company, which will give you more time to focus on the other tasks associated with your loved one’s death and moving on with your life.
- Help determine the compensation you deserve for your loss and fight for you to get it.
- Provide valuable legal counsel throughout the process.
At The Champion Firm, we start with a free consultation to assess your case and your concerns. We take personal injury cases on a contingent fee basis: we base our fee on the compensation you receive, rather than charging up front for our services.
Do You Need Legal Help for Your Wrongful Death Claim in Atlanta?
If you need legal assistance for your wrongful death claim, we can help. Contact The Champion Firm today at (404) 596-8044 to schedule your free consultation.